Impeachment: Difference between revisions
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{{Short description|Process for charging a public official with legal offenses by the legislature(s)}} |
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{{refimprove|date=December 2019}} |
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{{About| |
{{About|the process of charging a public official|challenging a witness in a legal proceeding|Witness impeachment|the ''American Crime Story'' season|Impeachment: American Crime Story{{!}}''Impeachment: American Crime Story''}} |
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{{Use dmy dates|date=February 2020}} |
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[[File:Presidente da Coreia do Sul, Park Geun-hye, visita o Brasil - c.jpg|thumb|Brazilian president [[Dilma Rousseff]] (left) and South Korean president [[Park Geun-hye]] (right) were both impeached and removed from office in 2016 and 2017, respectively.]] |
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{{short description|Officially accusing a civil officer}} |
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'''Impeachment''' is a process by which a [[legislative body]] or other legally constituted tribunal initiates charges against a [[official|public official]] for misconduct.<ref name=EBrit>{{Cite web|title=impeachment {{!}} Definition, Process, History, & Facts|url=https://www.britannica.com/topic/impeachment|access-date=2020-11-15|website=Encyclopedia Britannica|language=en|archive-date=17 November 2021|archive-url=https://web.archive.org/web/20211117172738/https://www.britannica.com/topic/impeachment|url-status=live}}</ref><ref>{{cite book |editor1-last=Landau |editor1-first=Sidney |editor2-last=Brantley |editor2-first=Sheila |editor3-last=Davis |editor3-first=Samuel |editor4-last=Koenigsberg |editor4-first=Ruth |title=Funk & Wagnall's Standard Desk Dictionary |volume=1 |date=1997 |publisher=Harper & Row, Publishers, Inc. |location=United States |isbn=978-0-308-10353-5 |page=322 |edition=1996 |language=English |quote=1. To charge (a high public official) before a legally constituted tribunal with crime or misdemeanor in office. 2. To bring discredit upon the honesty or validity of.}}</ref> It may be understood as a unique process involving both [[political]] and [[Law|legal]] elements.<ref name=GerhardtTheLaw>{{Cite web|author=[[Michael J. Gerhardt]]|title=Impeachment is the law. Saying 'political process' only helps Trump's narrative.|quote=while it's true that politics are bound up in how impeachment plays out, it's a myth that impeachment is just political. Rather, it's the principal legal remedy that the Constitution expressly specifies to hold presidents accountable|url=https://www.washingtonpost.com/outlook/2019/12/14/impeachment-is-law-saying-political-process-only-helps-trumps-narrative/|newspaper=Washington Post|access-date=15 February 2021|archive-date=14 January 2021|archive-url=https://web.archive.org/web/20210114062623/https://www.washingtonpost.com/outlook/2019/12/14/impeachment-is-law-saying-political-process-only-helps-trumps-narrative/|url-status=live}}</ref><ref name=Gerhardt3dedition>{{Cite book|publisher=University of Chicago Press|title=The Federal Impeachment Process: A Constitutional and Historical Analysis|url=https://books.google.com/books?id=3d6NDwAAQBAJ|author=Michael J. Gerhardt|edition=3d|year=2019|pages=106–07|isbn=9780226554976|quote=The ratification debates support the conclusion that 'other high Crimes and Misdemeanors' were not limited to indictable offenses but rather included great offenses against the federal government. ... Justices James Wilson and Joseph Story expressed agreement with Hamilton's understanding of impeachment as a political proceeding and impeachable offenses as political crimes.}}</ref><ref name=Gerhardt20>{{Cite book|author=Gerhardt|first=Michael|title=Impeachment: What Everyone Needs to Know|publisher=Oxford University Press|year=2018|isbn=978-0190903657|location=New York, N.Y.|page=20|lccn=2018013560|quote=Impeachment has elements of both legal and political proceedings. As a result, it is a unique process.|author-link=Michael Gerhardt}}</ref><ref>{{Cite web |title=U.S. Senate: About Impeachment |url=https://www.senate.gov/about/powers-procedures/impeachment.htm |access-date=2024-03-25 |website=www.senate.gov |archive-date=7 September 2023 |archive-url=https://web.archive.org/web/20230907130839/https://www.senate.gov/about/powers-procedures/impeachment.htm |url-status=live }}</ref> |
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{{Use mdy dates|date=March 2017}} |
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In [[Europe]] and [[Latin America]], impeachment tends to be confined to [[Minister (government)|ministerial]] officials<ref name="WorldBook">{{cite encyclopedia |last1=Davidson |first1=Roger |encyclopedia=World Book Encyclopedia |volume=I 10 |title=Impeachment |date=2005 |location=Chicago |isbn=0-7166-0105-2 |page=92 |edition=2005 |language=English}}</ref> as the unique nature of their positions may place ministers beyond the reach of the law to prosecute, or their misconduct is not codified into law as an offense except through the unique expectations of their high office. Both "[[Peerages in the United Kingdom|peers]] and [[commoners]]" have been subject to the process, however.<ref>{{cite web |title=Impeachment |url=https://www.parliament.uk/site-information/glossary/impeachment/ |website=UK Parliament Glossary |access-date=5 February 2021 |language=English |quote=Impeachment is when a peer or commoner is accused of ‘high crimes and misdemeanours, beyond the reach of the law or which no other authority in the state will prosecute.' |archive-date=8 February 2021 |archive-url=https://web.archive.org/web/20210208165239/https://www.parliament.uk/site-information/glossary/impeachment/ |url-status=live }}</ref> From 1990 to 2020, there have been at least 272 impeachment charges against 132 different [[Head of State|heads of state]] in 63 countries.<ref>{{cite web |last1=Lawler |first1=David |title=What impeaching leaders looks like around the world |url=https://www.axios.com/impeachment-other-countries-4a5aee7f-90f9-43df-a7e7-cc76ca1f5dfd.html |website=Axios |date=19 December 2019 |access-date=8 February 2021 |archive-date=13 January 2021 |archive-url=https://web.archive.org/web/20210113145846/https://www.axios.com/impeachment-other-countries-4a5aee7f-90f9-43df-a7e7-cc76ca1f5dfd.html |url-status=live }}</ref> Many [[democracies]] involve the courts (often a national [[constitutional court]]) in some way, usually at the end of the process.<ref name="Designing_Better_Impeachments">{{cite web |last1=Huq |first1=Aziz |last2=Ginsburg |first2=Tom |last3=Landau |first3=David |title=Designing Better Impeachments: How other countries' constitutions protect against political free-for-alls |url=http://bostonreview.net/politics-law-justice/aziz-huq-tom-ginsburg-david-landau-designing-better-impeachments |website=Boston Review |access-date=8 February 2021 |quote=Constitutions in 9 democracies give a court—often the country's constitutional court—the power to begin an impeachment; another 61 constitutions place the court at the end of the process. |archive-date=15 January 2021 |archive-url=https://web.archive.org/web/20210115000048/https://bostonreview.net/politics-law-justice/aziz-huq-tom-ginsburg-david-landau-designing-better-impeachments |url-status=live }}</ref><ref name=EBrit/> |
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[[File:Presidente da Coreia do Sul, Park Geun-hye, visita o Brasil.jpg|thumb|250px|[[President of Brazil|Brazilian President]] [[Dilma Rousseff]] and [[President of South Korea|South Korean President]] [[Park Geun-hye]] were both impeached in 2016 and removed from office.]] |
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In Latin America, which includes almost 40% of the world's [[presidential system]]s, ten presidents from seven countries were removed from office by their national legislatures via impeachments or declarations of incapacity between 1978 and 2019.<ref>Ignacio Arana Araya, [https://gjia.georgetown.edu/2019/12/13/to-impeach-or-not-to-impeach/ To Impeach or Not to Impeach: Lessons from Latin America] {{Webarchive|url=https://web.archive.org/web/20200803112535/https://gjia.georgetown.edu/2019/12/13/to-impeach-or-not-to-impeach/ |date=3 August 2020 }}, ''Georgetown Journal of International Affairs'' (13 December 2019).</ref> |
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'''Impeachment''' is the process by which a [[legislative body]] levels charges against a government official. Impeachment does not in itself remove the official definitively from office; it is similar to an [[indictment]] in [[criminal law]], and thus it is essentially the statement of charges against the official. Whereas in some countries the individual is provisionally removed, in others they can remain in office during the trial. Once impeached, an individual must then face the possibility of conviction on the charges by a legislative vote, which is separate from the impeachment, but flows from it, and a judgment which convicts the official on the articles of impeachment entails the official's definitive removal from office. |
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National legislations differ regarding both the consequences and definition of impeachment, but the intent is nearly always to expeditiously vacate the office.<ref name="WorldBook" /> Most commonly, an official is considered impeached after the commencement of the charges, and a trial of some kind is required to remove the official from office.<ref name="WorldBook" /> |
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Because impeachment and conviction of officials involve an overturning of the normal constitutional procedures by which individuals achieve high office (election, ratification, or appointment) and because it generally requires a [[supermajority]], they are usually reserved for those deemed to have committed serious abuses of their office.<ref>{{Cite journal|last=Erskine|first=Daniel H.|date=2008|title=The Trial of Queen Caroline and the Impeachment of President Clinton: Law As a Weapon for Political Reform|url=http://openscholarship.wustl.edu/law_globalstudies/vol7/iss1/2/|journal=Washington University Global Studies Law Review|language=en|volume=7|issue=1|pages=|issn=1546-6981}}</ref> In the United States, for example, impeachment at the federal level is limited to those who may have committed "[[high crimes and misdemeanors|Treason, Bribery, or other high crimes and misdemeanors]]<ref>{{Cite web|url=http://constitutionus.com/|title=The Constitution of the United States—We the People—an easy to read and use version|last=Baltzell|first=George W.|website=constitutionus.com|language=en-us|access-date=2019-04-12}}</ref>". |
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Because impeachment involves a departure from the normal constitutional procedures by which individuals achieve high office (election, ratification, or appointment) and because it generally requires a [[supermajority]], it is usually reserved for those deemed to have committed serious abuses of their office.<ref>{{Cite journal|last=Erskine|first=Daniel H.|date=2008|title=The Trial of Queen Caroline and the Impeachment of President Clinton: Law As a Weapon for Political Reform|url=http://openscholarship.wustl.edu/law_globalstudies/vol7/iss1/2/|journal=Washington University Global Studies Law Review|language=en|volume=7|issue=1|issn=1546-6981|access-date=17 May 2017|archive-date=29 July 2017|archive-url=https://web.archive.org/web/20170729213005/http://openscholarship.wustl.edu/law_globalstudies/vol7/iss1/2/|url-status=live}}</ref> In the United States, for example, impeachment at the federal level is limited to those who may have committed "[[high crimes and misdemeanors|Treason, Bribery, or other high crimes and misdemeanors]]"—the latter phrase referring to offenses against the government or the constitution, grave [[abuses of power]], violations of the [[public trust]], or other [[political crime]]s, even if not [[indictable]] criminal offenses.<ref name=Gerhardt3dedition/><ref>{{Cite journal|author=Peter Brandon Bayer|title=The Constitution dictates that impeachment must not be partisan|journal=The Conversation|date=23 May 2019|quote=Noted scholars [[Ronald Rotunda]] and John Nowak explain that the Framers wisely intended the phrase "or other high Crimes and Misdemeanors" to include undermining the Constitution and similar, “great offenses against the federal government (like abuse of power) even if they are not necessarily crimes.' For instance, Alexander Hamilton asserted that, while likely to be criminal acts, impeachable wrongdoings 'are those offenses which proceed from the misconduct of public men ... from the abuse or violation of some public trust.' James Madison urged that impeachment is appropriate for 'loss of capacity, or corruption ... [that] might be fatal to the republic.'}}</ref> Under the [[United States Constitution]], the [[United States House of Representatives|House of Representatives]] has the sole power of impeachments while the [[United States Senate|Senate]] has the sole power to try impeachments (''i.e.'', to acquit or convict); the validity of an impeachment trial is a [[political question]] that is [[nonjusticiable]] (''i.e.'', is not reviewable by the courts).<ref name=ImpeachmentAnnotated>{{Cite web|title=Impeachment|url=https://www.law.cornell.edu/constitution-conan/article-2/section-4/impeachment|publisher=Congressional Research Service|work=U.S. Constitution Annotated|via=Legal Information Institute, Cornell Law School|access-date=15 February 2021|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214175826/https://www.law.cornell.edu/constitution-conan/article-2/section-4/impeachment|url-status=live}}</ref> In the United States, impeachment is a remedial rather than penal process,<ref name=ImpeachmentAnnotated/><ref name="CRSReport2015">{{cite web|last1=Cole|first1=J. P.|last2=Garvey|first2=T.|date=29 October 2015|title=Report No. R44260, Impeachment and Removal|url=https://fas.org/sgp/crs/misc/R44260.pdf|url-status=live|archive-url=https://web.archive.org/web/20191219011012/https://fas.org/sgp/crs/misc/R44260.pdf|archive-date=19 December 2019|access-date=22 September 2016|website=|publisher=Congressional Research Service|pages=15–16|quote=}}</ref>{{rp|8}} intended to "effectively 'maintain constitutional government' by removing individuals unfit for office";<ref name="CRSReport2015"/>{{rp|8}} persons subject to impeachment and removal remain "liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."<ref name="CRSReport2015"/> |
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Impeachment exists under constitutional law in many countries around the world, including Brazil, France, India, Ireland, the Philippines, Russia, South Korea, and the United States. |
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Impeachment is provided for in the constitutional laws of many countries including Brazil, France, India, Ireland, the Philippines, Russia, South Korea, and the United States. It is distinct from the [[motion of no confidence]] procedure available in some countries whereby a motion of censure can be used to remove a government and its ministers from office. Such a procedure is not applicable in countries with presidential forms of government like the United States.<ref>{{Cite web|last=Hauss|first=Charles|date=29 December 2006|title=Vote of confidence|url=https://www.britannica.com/topic/vote-of-confidence|access-date=9 February 2021|website=Britannica|archive-date=14 January 2021|archive-url=https://web.archive.org/web/20210114105304/https://www.britannica.com/topic/vote-of-confidence|url-status=live}}</ref> |
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==Etymology and history== |
==Etymology and history== |
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The word "impeachment" likely derives from [[Old French]] {{lang|fro|empeechier}} from [[Latin]] word {{lang|la|impedīre}} expressing the idea of catching or ensnaring by the 'foot' ({{lang|la|pes, pedis}}), and has analogues in the modern [[French Language|French]] verb {{lang|fr|empêcher}} (to prevent) and the modern [[English Language|English]] ''impede''. Medieval popular etymology also associated it (wrongly) with derivations from the Latin {{lang|la|impetere}} (to attack). |
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{{Unreferenced section|date=December 2019}} |
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The process was first used by the English "[[Good Parliament]]" against [[William Latimer, 4th Baron Latimer]] in the second half of the 14th century. Following the English example, the constitutions of [[Virginia]] (1776), [[Massachusetts]] (1780) and other states thereafter adopted the impeachment mechanism, but they restricted the punishment to removal of the official from office, in contrast to the English Parliament's broad power to punish impeachments. |
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The word "impeachment" likely derives from Old French ''empeechier'' from Latin word ''impedīre'' expressing the idea of catching or ensnaring by the 'foot' (''pes, pedis''), and has analogues in the modern [[French Language|French]] verb ''empêcher'' (to prevent) and the modern [[English Language|English]] ''impede''. Medieval popular etymology also associated it (wrongly) with derivations from the Latin ''impetere'' (to attack). Some contend that the word comes from the Latin ''impicare'' (through the late-Latin ''impiciare'', ''impiciamentum''), that is the punishment that in Latin antiquity they gave to parricides, consisting in throwing them into the sea confined in a ''culleus'', namely a sac made of esparto or hide and covered with '''pitch''' or bitumen on the outside, so that the water delayed in entering; they sometimes confined some aggressive beasts with the convict so to increase his last torments ("'''''Culleus''', tunica ex sparto im modum crumenae facta, quae liniebatur a populo pice et bitumine, in qua imcludebantur parricidae cum simia, serpente, et gallo; insuta mittebatur in mare et, contendentibus inter se animantibus, homo maioribus poenis afficiebatur''").<ref>Isidore of Seville, ''Opera omnia''. T. VII, app. XXIV, p. 458. Rome, 1803.</ref> |
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In [[West Africa]], rulers of the [[Ashanti Empire]] who violated any [[oaths]] taken during their enstoolment were destooled by [[Kingmaker]]s.<ref name="Obeng 1996">{{Cite book|last=Obeng|first=J.Pashington|date= 1996|title=Asante Catholicism; Religious and Cultural Reproduction among the Akan of Ghana|url=https://books.google.com/books?id=Zh9jIVu2CyEC&pg=PA31-32|language=en|volume=1|publisher=BRILL |isbn=978-90-04-10631-4}}</ref> Reasons include punishing citizens arbitrarily or being exposed as corrupt. The process involved Kingmakers forcibly removing the sandals of the guilty party, then bumping his buttocks on the ground three times. Once destooled, a king automatically lost sanctity and honours as he could not exercise royal powers such as being chief administrator, judge, and military commander. Also withdrawn from him were the [[Golden Stool]] (a throne functionally equivalent to crowns), swords, and other [[regalia]]. While a deposed king no longer held custodianship of the realm, he remained a member of the royal family from which he was elected.<ref name="Obeng 1996"/> |
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The process was first used by the English "[[Good Parliament]]" against [[William Latimer, 4th Baron Latimer|Baron Latimer]] in the second half of the 14th century. Following the British example, the constitutions of Virginia (1776), Massachusetts (1780) and other states thereafter adopted the impeachment mechanism, but they restricted the punishment to removal of the official from office. |
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==In various jurisdictions== |
==In various jurisdictions== |
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==={{flagicon|Austria}} Austria=== |
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{{Unreferenced section|date=December 2019}} |
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=== Brazil=== |
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The [[President of Austria|Austrian Federal President]] can be impeached by the [[Federal Assembly of Austria|Federal Assembly]] (''Bundesversammlung'') before the Constitutional Court. The constitution also provides for the recall of the president by a [[referendum]]. Neither of these courses has ever been taken. This is likely because while Austrian Presidents are vested with considerable powers on paper, they act as a largely ceremonial figurehead in practice, and are thus unlikely to abuse their powers. |
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==={{flagicon|Brazil}} Brazil=== |
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{{See also|Impeachment of Dilma Rousseff|Impeachment proposals against Michel Temer}} |
{{See also|Impeachment of Dilma Rousseff|Impeachment proposals against Michel Temer}} |
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In Brazil, as in most other Latin American countries, "impeachment" refers to the definitive removal from office. The [[president of Brazil]] may be provisionally removed from office by the [[Chamber of Deputies (Brazil)|Chamber of Deputies]] and then tried and definitely removed from office by the [[Brazilian Senate|Federal Senate]]. The [[Constitution of Brazil|Brazilian Constitution]] requires that two-thirds of the Deputies vote in favor of the opening of the impeachment process of the President and that two-thirds of the Senators vote for impeachment. State governors and municipal mayors can also be impeached by the respective legislative bodies. Article 2 of Law no. 1.079, from 10 April 1950, or "The Law of Impeachment", states that "The crimes defined in this law, even when simply attempted, are subject to the penalty of loss of office, with disqualification for up to five years for the exercise of any public function, to be imposed by the Federal Senate in proceedings against the President of the Republic, Ministers of State, Ministers of the Supreme Federal Tribunal, or the Attorney General." |
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'''Initiation:''' An accusation of a responsibility crime against the President may be brought by any Brazilian citizen; however, the President of the Chamber of Deputies holds prerogative to accept the charge, which if accepted will be read at the next session and reported to the President of the Republic. |
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[[Fernando Collor de Mello]], the 32nd President of Brazil, resigned in 1992 amidst impeachment proceedings. Despite his resignation, the Senate nonetheless voted to convict him and bar him from holding any office for eight years, due to evidence of [[bribery]] and misappropriation. |
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'''Extraordinary Committee:''' An extraordinary committee is established, consisting of members from each political party in proportion to their party's membership. The committee is responsible for assessing the need for impeachment proceedings. The President is given ten parliamentary sessions to present their defense. Following this, two legislative sessions are held to allow for the formulation of a legal opinion by a rapporteur regarding whether or not impeachment proceedings should be initiated and brought to trial in the Senate. |
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In 2016, the [[Chamber of Deputies (Brazil)|Chamber of Deputies]] initiated [[Impeachment process against Dilma Rousseff|an impeachment case]] against President [[Dilma Rousseff]] on allegations of budgetary mismanagement.<ref>{{cite news |author=Andrew Jacobs |url=https://www.nytimes.com/2016/04/18/world/americas/brazil-dilma-rousseff-impeachment-vote.html |title=Brazil's Lower House of Congress Votes for Impeachment of Dilma Rousseff |newspaper=[[The New York Times]] |date=April 17, 2016 |accessdate=November 13, 2016}}</ref> Following her impeachment by the Chamber of Deputies and her conviction by trial in the Senate, she was definitively replaced by Vice President [[Michel Temer]], who had served as [[Acting (law)|acting]] president while Rousseff's case was pending in the Senate.<ref>{{cite news |url=https://www.bbc.com/news/world-latin-america-36273916 |title=Brazil's Dilma Rousseff to face impeachment trial |date=May 12, 2016 |work=[[BBC News]] |accessdate=2016-11-13}}</ref> |
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The rapporteur's opinion is subject to a vote within the committee. If the majority accepts the rapporteur's opinion, it is deemed adopted. However, if the majority rejects the rapporteur's opinion, the committee adopts an alternative opinion proposed by the majority. For instance, if the rapporteur recommends against impeachment but fails to secure majority support, the committee will adopt the opinion to proceed with impeachment. Conversely, if the rapporteur advises impeachment but does not obtain majority approval, the committee will adopt the opinion not to impeach. |
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==={{flagicon|Bulgaria}} Bulgaria=== |
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{{Unreferenced section|date=December 2019}} |
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If the committee vote is successful, the rapporteur's opinion is considered adopted, thereby determining the course of action regarding impeachment. |
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The [[President of Bulgaria]] can be removed only for [[high treason]] or violation of the constitution. The process is started by a two-thirds majority vote of the [[Parliament of Bulgaria|Parliament]] to impeach the President, whereupon the Constitutional Court decides whether the President is guilty of the crime of which he is charged. If he is found guilty, he is removed from power. No Bulgarian President has ever been impeached. The same procedure can be used to remove the [[Vice President of Bulgaria]], which has also never happened. |
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'''Chamber of Deputies:''' The Chamber issues a call-out vote to accept the opinion of the committee, requiring a supermajority of two thirds in favor of an impeachment opinion (or a supermajority of two thirds against a dismissal opinion) of the committee, in order to authorize the Senate impeachment proceedings. The President is suspended (provisionally removed) from office as soon as the Senate receives and accepts from the Chamber of Deputies the impeachment charges and decides to proceed with a trial. |
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==={{flagicon|Croatia}} Croatia=== |
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'''The Senate:''' The process in the Senate had been historically lacking in procedural guidance until 1992, when the Senate published in the Official Diary of the Union the step-by-step procedure of the Senate's impeachment process, which involves the formation of another special committee and closely resembles the lower house process, with time constraints imposed on the steps taken. The committee's opinion must be presented within 10 days, after which it is put to a call-out vote at the next session. The vote must proceed within a single session; the vote on President Rousseff took over 20 hours. A simple majority vote in the Senate begins formal deliberation on the complaint, immediately suspends the President from office, installs the Vice President as acting president, and begins a 20-day period for written defense as well as up to 180-days for the trial. In the event the trial proceeds slowly and exceeds 180 days, the Brazilian Constitution determines that the President is entitled to return and stay provisionally in office until the trial comes to its decision. |
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The process of impeaching the [[President of Croatia]] can be initiated by a two-thirds majority vote in favor in the [[Sabor]] and is thereafter referred to the [[Constitutional Court of the Republic of Croatia|Constitutional Court]], which must accept such a proposal with a two-thirds majority vote in favor in order for the president to be removed from office. This has never occurred in the history of the Republic of [[Croatia]]. In case of a successful impeachment motion a president's constitutional term of five years would be terminated and an election called within 60 days of the vacancy occurring. During the period of vacancy the presidential powers and duties would be carried out by the [[Speaker of the Croatian Parliament]] in his/her capacity as Acting President of the Republic.<ref>{{cite web|url=http://www.sabor.hr/fgs.axd?id=17074|title=Constitution of Croatia|at=§ 105|format=PDF|accessdate=March 12, 2017}}</ref> |
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'''Senate plenary deliberation:''' The committee interrogates the accused or their counsel, from which they have a right to abstain, and also a probative session which guarantees the accused rights to contradiction, or ''audiatur et altera pars,'' allowing access to the courts and due process of law under Article 5 of the constitution. The accused has 15 days to present written arguments in defense and answer to the evidence gathered, and then the committee shall issue an opinion on the merits within ten days. The entire package is published for each senator before a single plenary session issues a call-out vote, which shall proceed to trial on a simple majority and close the case otherwise. |
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==={{flagicon|Czech Republic}} Czech Republic=== |
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'''Senate trial:''' A hearing for the complainant and the accused convenes within 48 hours of notification from deliberation, from which a trial is scheduled by the president of the Supreme Court no less than ten days after the hearing. The senators sit as judges, while witnesses are interrogated and cross-examined; all questions must be presented to the president of the Supreme Court, who, as prescribed in the Constitution, presides over the trial. The president of the Supreme Court allots time for debate and rebuttal, after which time the parties leave the chamber and the senators deliberate on the indictment. The President of the Supreme Court reads the summary of the grounds, the charges, the defense and the evidence to the Senate. The senators in turn issue their judgement. On conviction by a supermajority of two thirds, the president of the Supreme Court pronounces the sentence and the accused is immediately notified. If there is no supermajority for conviction, the accused is acquitted. |
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In 2013, the constitution was changed. Since 2013, the process can be started by at least three-fifths of present senators, and must be approved by at least |
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three-fifths of all members of Parliament. Also, the President can be impeached for high treason (newly defined in the [[Constitution of the Czech Republic|Constitution]]) or any serious infringement of the Constitution.<ref>[http://www.psp.cz/docs/laws/constitution.html Ústava České republiky]. Psp.cz. Retrieved on 2016-10-23.</ref> |
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Upon conviction, the officeholder has his or her political rights revoked for eight years, which bars them from running for any office during that time.<ref name=":0">{{Cite web|last=Maciel|first=Lourenço|date=2020-02-08|title=Was it a coup? Democracy and Constitutionality in the 2016 Brazilian Impeachment Process|url=https://dilmarousseffimpeachment.com/2020/02/08/impeachment-dilma-rousseff/|url-status=dead|access-date=2021-03-05|website=Dilma Rousseff's Impeachment|language=en|archive-date=24 March 2021|archive-url=https://web.archive.org/web/20210324215552/https://dilmarousseffimpeachment.com/2020/02/08/impeachment-dilma-rousseff/}}</ref> |
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The process starts in the [[Senate of the Czech Republic]] which has the right to only impeach the president, and the Senate passes the case to the [[Constitutional Court of the Czech Republic]], which has to decide the verdict against the President. If the Court finds the President guilty, then the President is removed from office and is permanently barred from being elected President of the Czech Republic again.<ref>[http://www.psp.cz/docs/laws/constitution.html Ústava České republiky]. Psp.cz. Retrieved 2013-07-12.</ref> |
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[[Fernando Collor de Mello]], the 32nd President of Brazil, resigned in 1992 amidst impeachment proceedings. Despite his resignation, the Senate nonetheless voted to convict him and bar him from holding any office for eight years, due to evidence of [[bribery]] and misappropriation. |
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No Czech president has ever been impeached, though members of the Senate [[Impeachment of Václav Klaus|sought to impeach President Vaclav Klaus in 2013]].<ref>{{cite news |title=Czech President Vaclav Klaus faces treason charge |date=March 4, 2013 |url=https://www.bbc.com/news/world-europe-21660234 |work=[[BBC News]] |accessdate=October 23, 2016}}</ref> This case was dismissed by the court, which reasoned that his mandate had expired.<ref>{{cite news |title=Constitutional Court throws out treason charges against ex-president Klaus |author=Rob Cameron |date=March 28, 2013 |url=http://www.radio.cz/en/section/curraffrs/constitutional-court-throws-out-treason-charges-against-ex-president-klaus |publisher=[[Radio Praha]]}}</ref> |
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In 2016, the [[Chamber of Deputies (Brazil)|Chamber of Deputies]] initiated [[Impeachment process against Dilma Rousseff|an impeachment case]] against President [[Dilma Rousseff]] on allegations of budgetary mismanagement, a crime of responsibility under the Constitution.<ref>{{cite news |author=Andrew Jacobs |url=https://www.nytimes.com/2016/04/18/world/americas/brazil-dilma-rousseff-impeachment-vote.html |archive-url=https://ghostarchive.org/archive/20220103/https://www.nytimes.com/2016/04/18/world/americas/brazil-dilma-rousseff-impeachment-vote.html |archive-date=2022-01-03 |url-access=subscription |url-status=live |title=Brazil's Lower House of Congress Votes for Impeachment of Dilma Rousseff |newspaper=[[The New York Times]] |date=17 April 2016 |access-date=13 November 2016}}{{cbignore}}</ref> On 12 May 2016, after 20 hours of deliberation, the admissibility of the accusation was approved by the Senate with 55 votes in favor and 22 against (an absolute majority would have been sufficient for this step) and Vice President [[Michel Temer]] was notified to assume the duties of the President pending trial. On 31 August, 61 senators voted in favor of impeachment and 20 voted against it, thus achieving the {{frac|2|3}} majority needed for Rousseff's definitive removal. A vote to disqualify her for five years was taken and failed (in spite of the Constitution not separating disqualification from removal) having less than two thirds in favor.<ref name=":0" /> |
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==={{flagicon|France}} France=== |
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=== China === |
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In France the comparable procedure is called ''la destitution''. The [[President of France]] can be impeached by the [[French Parliament]] for willfully violating the Constitution or the national laws. The process of impeachment is written in the 68th article of the [[French Constitution]].<ref>{{Cite web|url=https://www.liberation.fr/checknews/2018/07/25/le-president-de-la-republique-peut-il-etre-destitue-et-si-oui-pour-quelles-raisons_1668487|title=Le président de la République peut-il être destitué ? Et si oui, pour quelles raisons ?|date=July 25, 2018|website=Libération.fr}}</ref> A group of senators or a group of members of the National Assembly can begin the process. Then, both the [[French National Assembly]] and the [[French Senate]] have to acknowledge the impeachment. After the upper and lower houses' agreement, they unite to form the High Court. Finally, the High Court must decide to declare the impeachment of the [[President of France]]—or not. |
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==== Hong Kong ==== |
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The [[Chief Executive of Hong Kong|chief executive of Hong Kong]] can be impeached by the [[Legislative Council of Hong Kong|Legislative Council]]. A motion for investigation, initiated jointly by at least one-fourth of all the legislators charging the Chief Executive with "serious breach of law or dereliction of duty" and refusing to resign, shall first be passed by the council. An independent investigation committee, chaired by the [[Chief Justice of the Court of Final Appeal|chief justice of the Court of Final Appeal]], will then carry out the investigation and report back to the council. If the Council find the evidence sufficient to substantiate the charges, it may pass a motion of impeachment by a two-thirds majority.<ref name=HKSAR>{{cite web |url=http://www.basiclaw.gov.hk/en/basiclawtext/chapter_4.html |title=Basic Law of Hong Kong |website=basiclaw.gov.hk |publisher=Hong Kong Special Administrative Region Government |access-date=13 November 2016 |archive-date=30 December 2014 |archive-url=https://web.archive.org/web/20141230190055/http://www.basiclaw.gov.hk/en/basiclawtext/chapter_4.html |url-status=dead }}</ref>{{rp|Article 73(9)}} |
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However, the Legislative Council does not have the power to actually remove the chief executive from office, as the chief executive is appointed by the [[State Council of the People's Republic of China|Central People's Government]] (State Council of China). The council can only report the result to the Central People's Government for its decision.<ref name=HKSAR/>{{rp|Article 45}} |
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==={{flagicon|Germany}} Germany=== |
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The [[President of Germany|Federal President of Germany]] can be impeached both by the [[Bundestag]] and by the [[Bundesrat of Germany|Bundesrat]] for willfully violating federal law. Once the Bundestag or the Bundesrat impeaches the president, the [[Federal Constitutional Court of Germany|Federal Constitutional Court]] decides whether the President is guilty as charged and, if this is the case, whether to remove him or her from office. The Federal Constitutional Court also has the power to remove federal judges from office for willfully violating core principles of the [[Grundgesetz|federal constitution]] or a [[states of Germany|state]] constitution. The impeachment procedure is regulated in Article 61 of the [[Basic Law for the Federal Republic of Germany]]. |
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=== Croatia=== |
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There is no formal impeachment process for the [[Chancellor of Germany]], however the Bundestag can replace the chancellor at any time by voting for a new chancellor ([[constructive vote of no confidence]], Article 67 of the Basic Law). |
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The process of impeaching the [[president of Croatia]] can be initiated by a two-thirds majority vote in favor in the [[Sabor]] and is thereafter referred to the [[Constitutional Court of the Republic of Croatia|Constitutional Court]], which must accept such a proposal with a two-thirds majority vote in favor in order for the president to be removed from office. This has never occurred in the history of the [[Republic of Croatia]]. In case of a successful impeachment motion a president's constitutional term of five years would be terminated and an election called within 60 days of the vacancy occurring. During the period of vacancy the presidential powers and duties would be carried out by the [[speaker of the Croatian Parliament]] in his/her capacity as Acting President of the Republic.<ref>{{cite web|url=http://www.sabor.hr/fgs.axd?id=17074|title=Constitution of Croatia|at=§ 105|format=PDF|access-date=12 March 2017|archive-url=https://web.archive.org/web/20180628140805/http://www.sabor.hr/fgs.axd?id=17074|archive-date=28 June 2018|url-status=dead}}</ref> |
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There has never been an impeachment against the President so far. Constructive votes of no confidence against the Chancellor occurred in 1972 and 1982, with only the second one being successful. |
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=== Czech Republic=== |
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In 2013, the constitution was changed. Since 2013, the process can be started by at least three-fifths of present senators, and must be approved by at least three-fifths of all members of the [[Chamber of Deputies of the Czech Republic|Chamber of Deputies]] within three months. Also, the [[President of the Czech Republic|President]] can be impeached for high treason (newly defined in the [[Constitution of the Czech Republic|Constitution]]) or any serious infringement of the Constitution.<ref>[http://www.psp.cz/docs/laws/constitution.html Ústava České republiky] {{Webarchive|url=https://web.archive.org/web/20170724093509/http://psp.cz/docs/laws/constitution.html |date=24 July 2017 }}. Psp.cz. Retrieved on 2016-10-23.</ref> |
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The [[Chief Executive of Hong Kong]] can be impeached by the [[Legislative Council of Hong Kong|Legislative Council]]. A motion for investigation, initiated jointly by at least one-fourth of all the legislators charging the Chief Executive with "serious breach of law or dereliction of duty" and refusing to resign, shall first be passed by the Council. An independent investigation committee, chaired by the [[Chief Justice of the Court of Final Appeal]], will then carry out the investigation and report back to the Council. If the Council find the evidence sufficient to substantiate the charges, it may pass a motion of impeachment by a two-thirds majority.<ref name=HKSAR>{{cite web |url=http://www.basiclaw.gov.hk/en/basiclawtext/chapter_4.html |title=Basic Law of Hong Kong |website=basiclaw.gov.hk |publisher=Hong Kong Special Administrative Region Government |date= |accessdate=November 13, 2016}}</ref>{{rp|Article 73(9)}} |
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The process starts in the [[Senate of the Czech Republic]] which has the right to only impeach the president. After the approval by the Chamber of Deputies, the case is passed to the [[Constitutional Court of the Czech Republic]], which has to decide the verdict against the president. If the Court finds the President guilty, then the President is removed from office and is permanently barred from being elected President of the Czech Republic again.<ref>[http://www.psp.cz/docs/laws/constitution.html Ústava České republiky] {{Webarchive|url=https://web.archive.org/web/20170724093509/http://psp.cz/docs/laws/constitution.html |date=24 July 2017 }}. Psp.cz. Retrieved 2013-07-12.</ref> |
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However, the Legislative Council does not have the power to actually remove the Chief Executive from office, as the Chief Executive is appointed by the [[State Council of the People's Republic of China|Central People's Government]] (State Council of China). The Council can only report the result to the Central People's Government for its decision.<ref name=HKSAR/>{{rp|Article 45}} |
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No Czech president has ever been impeached, though members of the Senate [[Impeachment of Václav Klaus|sought to impeach President Václav Klaus in 2013]].<ref>{{cite news |title=Czech President Vaclav Klaus faces treason charge |date=4 March 2013 |url=https://www.bbc.com/news/world-europe-21660234 |work=[[BBC News]] |access-date=23 October 2016 |archive-date=10 March 2021 |archive-url=https://web.archive.org/web/20210310104821/https://www.bbc.com/news/world-europe-21660234 |url-status=live }}</ref> This case was dismissed by the court, which reasoned that his mandate had expired.<ref>{{cite news |title=Constitutional Court throws out treason charges against ex-president Klaus |author=Rob Cameron |date=28 March 2013 |url=http://www.radio.cz/en/section/curraffrs/constitutional-court-throws-out-treason-charges-against-ex-president-klaus |publisher=[[Radio Praha]] |access-date=23 October 2016 |archive-date=12 June 2017 |archive-url=https://web.archive.org/web/20170612142514/http://www.radio.cz/en/section/curraffrs/constitutional-court-throws-out-treason-charges-against-ex-president-klaus |url-status=live }}</ref> The Senate also proposed to impeach president [[Miloš Zeman]] in 2019 <ref>{{cite news |title=Senát schválil ústavní žalobu na prezidenta republiky |date=24 July 2019 |url=https://www.senat.cz/zpravodajstvi/zprava.php?id=2767 |access-date=11 March 2022 |archive-date=24 November 2020 |archive-url=https://web.archive.org/web/20201124091614/https://senat.cz/zpravodajstvi/zprava.php?id=2767 |url-status=live }}</ref> but the Chamber of Deputies did not vote on the issue in time and thus the case did not even proceed to the Court. |
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==={{flagicon|Hungary}} Hungary=== |
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=== Denmark === |
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Article 13 of Hungary's [[Constitution of Hungary|Fundamental Law]] (constitution) provides for the process of impeaching and removing the [[President of Hungary|President]]. The President enjoys immunity from criminal prosecution while in office, but may be charged with crimes committed during his term afterwards. Should the President violate the constitution while discharging his duties or commit a willful criminal offense, he may be removed from office. Removal proceedings may be proposed by the concurring recommendation of one-fifth of the 199 members of the country's unicameral Parliament. Parliament votes on the proposal by secret ballot, and if two thirds of all representatives agree, the President is impeached. Once impeached, the President's powers are suspended, and the Constitutional Court decides whether or not the President should be removed from office.<ref>{{Cite web |title=Magyarország Alaptörvénye—Hatályos Jogszabályok Gyűjteménye |url=https://net.jogtar.hu/jogszabaly?docid=a1100425.atv |work=net.jogtar.hu |accessdate=2019-11-05|date=2011-04-25|language=hu}}</ref><ref>{{Cite web |title=Fundamental Law of Hungary |url=https://www.constituteproject.org/constitution/Hungary_2016?lang=en |work=www.constituteproject.org |accessdate=2019-11-05 |language=en}}</ref> |
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{{Main|Court of Impeachment of the Realm (Denmark)}} |
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In Denmark the possibility for current and former ministers being impeached was established with the [[Danish Constitution]] of 1849. Unlike many other countries [[Denmark]] does not have a [[Constitutional Court]] who would normally handle these types of cases. Instead Denmark has a special [[Court of Impeachment of the Realm (Denmark)|Court of Impeachment]] (In Danish: Rigsretten) which is called upon every time a current and former minister have been impeached. The role of the Impeachment Court is to process and deliver judgments against current and former ministers who are accused of unlawful conduct in office. The legal content of ministerial responsibility is laid down in the Ministerial Accountability Act which has its background in section 13 of the Danish Constitution, according to which the ministers' accountability is determined in more detail by law. In Denmark the normal practice in terms of impeachment cases is that it needs to be brought up in the [[Danish Parliament]] ([[Folketing]]) first for debate between the different members and parties in the parliament. After the debate the members of the Danish Parliament vote on whether a current or former minister needs to be impeached. If there is a majority in the Danish Parliament for an impeachment case against a current or former minister, an Impeachment Court is called into session. In Denmark the Impeachment Court consists of up to 15 Supreme Court judges and 15 parliament members appointed by the Danish Parliament. The members of the Impeachment Court in Denmark serve a six-year term in this position.<ref>{{Cite web|url=https://www.thedanishparliament.dk/-/media/pdf/publikationer/english/the_constitutional_act_of_denmark_2013,-d-,pdf.ashx|title=The Danish Constitution|access-date=3 February 2021|archive-date=2 July 2021|archive-url=https://web.archive.org/web/20210702131614/https://www.thedanishparliament.dk/-/media/pdf/publikationer/english/the_constitutional_act_of_denmark_2013,-d-,pdf.ashx|url-status=dead}}</ref> |
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In 1995 the former Minister of Justice Erik Ninn-Hansen from the [[Conservative People's Party (Denmark)|Conservative People's Party]] was impeached in connection with the [[Tamil Case]]. The case was centered around the illegal processing of family reunification applications. From September 1987 to January 1989 applications for family reunification of Tamil refugees from civil war-torn [[Sri Lanka]] were put on hold in violation of Danish and International law. On 22 June 1995, Ninn-Hansen was found guilty of violating paragraph five subsection one of the Danish Ministerial Responsibility Act which says: A minister is punished if he intentionally or through gross negligence neglects the duties incumbent on him under the constitution or legislation in general or according to the nature of his post. A majority of the judges in that impeachment case voted for former Minister of Justice Erik Ninn-Hansen to receive a suspended sentence of four months with one year of probation. The reason why the sentence was made suspended was especially in relation to Ninn-Hansen's personal circumstances, in particular, his health and age – Ninn-Hansen was 73 years old when the sentence was handed down. After the verdict, Ninn-Hansen complained to the European Court of Human Rights and complained, among other things, that the [[Court of Impeachment of the Realm (Denmark)|Court of Impeachment]] was not impartial. The European Court of Human Rights dismissed the complaint on 18 May 1999. As a direct result and consequence of this case, the Conservative-led government and Prime Minister at that time Poul Schlüter was forced to step down from power.<ref>{{Cite web|url=https://danmarkshistorien.dk/leksikon-og-kilder/vis/materiale/tamilsagen-1986-1995/|title=Tamilsagen 1986–1995|website=danmarkshistorien.dk|access-date=21 January 2022|archive-date=14 January 2022|archive-url=https://web.archive.org/web/20220114162032/https://danmarkshistorien.dk/leksikon-og-kilder/vis/materiale/tamilsagen-1986-1995/|url-status=live}}</ref> |
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==={{flagicon|Iceland}} Iceland=== |
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{{Unreferenced section|date=December 2019}} |
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In February 2021 the former Minister for Immigration and Integration [[Inger Støjberg]] at that time member of the Danish Liberal Party {{lang|da|[[Venstre (Denmark)|Venstre]]|italic=no}} was impeached when it was discovered that she had possibly against both Danish and International law tried to separate couples in refugee centres in Denmark, as the wives of the couples were under legal age. According to a commission report Inger Støjberg had also lied in the Danish Parliament and failed to report relevant details to the [[Parliamentary Ombudsman]]<ref>{{Cite web|url=https://www.euronews.com/2021/01/14/inger-st-jberg-denmark-s-ex-immigration-minister-set-to-face-impeachment-trial|title=Denmark's ex-immigraton minister set to face impeachment trial|date=14 January 2021|website=euronews|access-date=3 February 2021|archive-date=23 January 2022|archive-url=https://web.archive.org/web/20220123214811/https://www.euronews.com/2021/01/14/inger-st-jberg-denmark-s-ex-immigration-minister-set-to-face-impeachment-trial|url-status=live}}</ref> The decision to initiate an impeachment case was adopted by the Danish Parliament with a 141–30 vote and decision (In Denmark 90 members of the parliament need to vote for impeachment before it can be implemented). On 13 December 2021 former Minister for Immigration and Integration [[Inger Støjberg]] was convicted by the special Court of Impeachment of separating asylum seeker families illegally according to Danish and international law and sentenced to 60 days in prison.<ref>{{Cite web|url=https://www.euronews.com/2021/12/13/inger-st-jberg-denmark-s-ex-immigration-minister-convicted-of-impeachment-over-asylum-poli|title=Denmark's ex-immigration minister convicted over asylum seeker policy|date=13 December 2021|website=euronews|access-date=21 January 2022|archive-date=13 December 2021|archive-url=https://web.archive.org/web/20211213164203/https://www.euronews.com/2021/12/13/inger-st-jberg-denmark-s-ex-immigration-minister-convicted-of-impeachment-over-asylum-poli|url-status=live}}</ref> The majority of the judges in the special Court of Impeachment (25 out of 26 judges) found that it had been proven that Inger Støjberg on 10 February 2016 decided that an accommodation scheme should apply without the possibility of exceptions, so that all asylum-seeking spouses and cohabiting couples where one was a minor aged 15–17, had to be separated and accommodated separately in separate asylum centers.<ref>{{Cite web|url=https://rigsretten.dk/aktuelt/2021/12/rigsretten-har-afsagt-dom-i-sagen-mod-fhv-minister-inger-stoejberg/|title=Rigsretten – Rigsretten har afsagt dom i sagen mod fhv. minister Inger Støjberg|website=rigsretten.dk|access-date=21 January 2022|archive-date=14 December 2021|archive-url=https://web.archive.org/web/20211214110649/https://rigsretten.dk/aktuelt/2021/12/rigsretten-har-afsagt-dom-i-sagen-mod-fhv-minister-inger-stoejberg|url-status=dead}}</ref> On 21 December, a majority in the Folketing voted that the sentence means that she is no longer worthy of sitting in the Folketing and she therefore immediately lost her seat.<ref>{{Cite web|url=https://www.dr.dk/nyheder/politik/folketinget-har-stemt-inger-stoejberg-er-ikke-vaerdig-til-sidde-i-folketinget|title=Folketinget har stemt: Inger Støjberg er ikke værdig til at sidde i Folketinget|date=21 December 2023|website=www.dr.dk|access-date=21 January 2022|archive-date=22 December 2021|archive-url=https://web.archive.org/web/20211222164320/https://www.dr.dk/nyheder/politik/folketinget-har-stemt-inger-stoejberg-er-ikke-vaerdig-til-sidde-i-folketinget|url-status=live}}</ref> |
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The [[Constitution of Iceland]] does not provide a process to impeach the [[President of Iceland]]. The President can be removed from office by a three-fourths majority in [[Althing|Parliament]] and a subsequent majority in a referendum. Cabinet ministers can be impeached by Parliament and their cases are adjudicated by the [[National Court (Iceland)|National Court]]. Since cabinet ministers can be relieved of duty only by the President, a guilty verdict can result in only a fine or imprisonment. |
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=== France=== |
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In France the comparable procedure is called ''destitution''. The [[president of France]] can be impeached by the [[French Parliament]] for willfully violating the [[Constitution of France|Constitution]] or the [[Law of France|national laws]]. The process of impeachment is written in the 68th article of the [[French Constitution]].<ref>{{Cite web|url=https://www.liberation.fr/checknews/2018/07/25/le-president-de-la-republique-peut-il-etre-destitue-et-si-oui-pour-quelles-raisons_1668487|title=Le président de la République peut-il être destitué ? Et si oui, pour quelles raisons ?|date=25 July 2018|website=Libération.fr|access-date=17 March 2019|archive-date=27 May 2019|archive-url=https://web.archive.org/web/20190527022732/https://www.liberation.fr/checknews/2018/07/25/le-president-de-la-republique-peut-il-etre-destitue-et-si-oui-pour-quelles-raisons_1668487|url-status=dead}}</ref> Either the [[National Assembly (France)|National Assembly]] or the [[Senate (France)|Senate]] can begin the process. Then, the impeachment proposal must be transmitted to the other house, which can acknowledge the impeachment process within 15 days. After the upper and lower houses' agreement, they unite in joint session to form the [[High Court (France)|High Court]]. |
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The [[President of India|president]] and judges, including the chief justice of the [[Supreme Court of India|supreme court]] and high courts, can be impeached by the [[Parliament of India|parliament]] before the expiry of the term for violation of the Constitution. Other than impeachment, no other penalty can be given to a president in position for the violation of the Constitution under [[s:Constitution of India/Part XIX|Article 361]] of the constitution. However a president after his/her term/removal can be punished for his already proven unlawful activity under [[Prevention of Insults to National Honour Act, 1971|disrespecting the constitution]], etc.<ref>{{cite web|title=The Prevention of Insults to National Honour (Amendment) Act of 1971|url=http://mha.nic.in/sites/upload_files/mha/files/pdf/Prevention_Insults_National_Honour_Act1971.pdf|accessdate=2 July 2017}}</ref> No president has faced impeachment proceedings. Hence, the provisions for impeachment have never been tested. The sitting president cannot be charged and needs to step down in order for that to happen. |
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The High Court must decide whether or not to declare the removal from office of the president. The impeachment procedure in front of the National Assembly and the Senate, as well as the removal from office by the [[High Court (France)|High Court]] require a majority of two thirds of the members of the House involved or of the High Court; no proxy voting is allowed. |
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==={{flagicon|Iran}} Iran=== |
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{{Unreferenced section|date=December 2019}} |
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=== Germany=== |
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The [[Assembly of Experts]] can impeach the [[Supreme Leader of Iran]] and appoint a new one. |
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The [[President of Germany|federal president of Germany]] can be impeached both by the [[Bundestag]] and by the [[Bundesrat of Germany|Bundesrat]] for willfully violating federal law. Once the Bundestag or the Bundesrat impeaches the president, the [[Federal Constitutional Court of Germany|Federal Constitutional Court]] decides whether the President is guilty as charged and, if this is the case, whether to remove him or her from office. The Federal Constitutional Court also has the power to remove federal judges from office for willfully violating core principles of the [[Grundgesetz|federal constitution]] or a [[states of Germany|state]] constitution. The impeachment procedure is regulated in Article 61 of the [[Basic Law for the Federal Republic of Germany]]. |
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There is no formal impeachment process for the [[chancellor of Germany]]; however, the Bundestag can replace the chancellor at any time by voting for a new chancellor ([[constructive vote of no confidence]], Article 67 of the Basic Law). |
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The [[President of Iran]] can be impeached jointly by the members of the [[Islamic Consultative Assembly of Iran|Assembly (Majlis)]] and the [[Supreme Leader of Iran|Supreme Leader]]. A new presidential election is then triggered. [[Abolhassan Banisadr]], Iran's first president, was impeached in June 1981 and removed from the office. [[Mohammad-Ali Rajai]] was elected as the new president. |
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There has never been an impeachment against the President so far. Constructive votes of no confidence against the chancellor occurred in 1972 and 1982, with only the second one being successful. |
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Cabinet ministers can be impeached by the members of the [[Islamic Consultative Assembly of Iran|Assembly]]. Presidential appointment of a new minister is subject to a parliamentary [[vote of confidence]]. Impeachment of ministers has been a fairly commonly-used tactic in the power struggle between the president and the assembly during the last several governments. |
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=== Hungary=== |
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Article 13 of Hungary's [[Constitution of Hungary|Fundamental Law]] (constitution) provides for the process of impeaching and removing the [[President of Hungary|president]]. The president enjoys immunity from criminal prosecution while in office, but may be charged with crimes committed during his term afterwards. Should the president violate the constitution while discharging his duties or commit a willful criminal offense, he may be removed from office. Removal proceedings may be proposed by the concurring recommendation of one-fifth of the 199 members of the country's unicameral Parliament. Parliament votes on the proposal by secret ballot, and if two thirds of all representatives agree, the president is impeached. Once impeached, the president's powers are suspended, and the Constitutional Court decides whether or not the President should be removed from office.<ref>{{Cite web |title=Magyarország Alaptörvénye{{snd}}Hatályos Jogszabályok Gyűjteménye |url=https://net.jogtar.hu/jogszabaly?docid=a1100425.atv |work=net.jogtar.hu |access-date=2019-11-05 |date=2011-04-25 |language=hu |archive-date=28 December 2018 |archive-url=https://web.archive.org/web/20181228035646/https://net.jogtar.hu/jogszabaly?docid=A1100425.ATV |url-status=live }}</ref><ref>{{Cite web |title=Fundamental Law of Hungary |url=https://www.constituteproject.org/constitution/Hungary_2016?lang=en |work=www.constituteproject.org |access-date=2019-11-05 |language=en |archive-date=25 March 2023 |archive-url=https://web.archive.org/web/20230325072715/https://constituteproject.org/constitution/Hungary_2016?lang=en |url-status=live }}</ref> |
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{{anchor|Ireland}}{{anchor|Republic of Ireland}} |
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=== India=== |
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In the [[Republic of Ireland]] formal impeachment applies only to the [[President of Ireland|Irish president]]. Article 12 of the [[Constitution of Ireland|Irish Constitution]] provides that, unless judged to be "permanently incapacitated" by the [[Irish Supreme Court|Supreme Court]], the president can be removed from office only by the houses of the [[Oireachtas]] (parliament) and only for the commission of "stated misbehaviour". Either house of the Oireachtas may impeach the president, but only by a resolution approved by a majority of at least two thirds of its total number of members; and a house may not consider a proposal for impeachment unless requested to do so by at least thirty of its number. |
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The [[President of India|president]] and judges, including the chief justice of the [[Supreme Court of India|supreme court]] and high courts, can be impeached by the [[Parliament of India|parliament]] before the expiry of the term for violation of the Constitution. Other than impeachment, no other penalty can be given to a president in position for the violation of the Constitution under [[s:Constitution of India/Part XIX|Article 361]] of the constitution. However, a president after his/her removal can be punished for her/his already proven unlawful activity under [[Prevention of Insults to National Honour Act, 1971|disrespecting the constitution]], etc.<ref>{{cite web|title=The Prevention of Insults to National Honour (Amendment) Act of 1971|url=http://mha.nic.in/sites/upload_files/mha/files/pdf/Prevention_Insults_National_Honour_Act1971.pdf|access-date=2 July 2017|archive-url=https://web.archive.org/web/20170123231821/http://mha.nic.in/sites/upload_files/mha/files/pdf/Prevention_Insults_National_Honour_Act1971.pdf|archive-date=23 January 2017|url-status=dead}}</ref> No president has faced impeachment proceedings. Hence, the provisions for impeachment have never been tested. The sitting president cannot be charged and needs to step down in order for that to happen. |
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Where one house impeaches the president, the remaining house either investigates the charge or commissions another body or committee to do so. The investigating house can remove the president if it decides, by at least a two-thirds majority of its members, both that the president is guilty of the charge and that the charge is sufficiently serious as to warrant the president's removal. To date no impeachment of an Irish president has ever taken place. The president holds a largely ceremonial office, the dignity of which is considered important, so it is likely that a president would resign from office long before undergoing formal conviction or impeachment. |
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=== Ireland=== |
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The Republic's Constitution and law also provide that only a joint resolution of both houses of the Oireachtas may remove a judge. Although often referred to as the "impeachment" of a judge, this procedure does not technically involve impeachment.<ref>{{Cite book|title=LOCK HIM UP : impeachments in the united states.|last=DON.|first=RILEY|date=2017|publisher=LULU COM|isbn=9781365960857|location=[S.l.]|oclc=1004843561}}</ref> |
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{{anchor|Ireland}}{{anchor|Republic of Ireland}} |
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==={{flagicon|Italy}} Italy=== |
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The [[Constitution of Ireland]] states the [[President of Ireland]] may be impeached for "stated misbehaviour".<ref>Constitution of Ireland, Article 12.10.1°</ref> The president may not be otherwise removed from office or made [[Accountability|answerable]] for his actions,<ref>Constitution of Ireland, Article 13.8</ref> although if five judges of the [[Supreme Court (Ireland)|Supreme Court]] rule that he has become "permanently incapacitated" then a new [[Irish presidential election|presidential election]] must be held within 60 days and the [[Presidential Commission (Ireland)|Presidential Commission]] will deputise in the interim.<ref>Constitution of Ireland, Articles 12.3, 12.7, 14.1</ref> Impeachment is controlled by the [[Oireachtas]] (parliament) with one house ([[Dáil Éireann|Dáil]] or [[Seanad Éireann|Seanad]]) preferring a [[Charge (law)|charge]] and the other directing the ensuing investigation and final vote.<ref>Constitution of Ireland, Article 12.10.2°, 5°</ref> The charge requires a [[Motion (parliamentary procedure)|motion]] signed by at least thirty members and consequent [[Resolution (law)|resolution]] supported by at least two-thirds of the total membership.<ref>Constitution of Ireland, Article 12.10.3°,4°</ref> The investigation may be made by the house itself or delegated to another "court, tribunal or body".<ref>Constitution of Ireland, Articles 12.10.5°, 13.8.2°</ref> The president is removed from office only if at least two-thirds of the total membership of the investigating house support an ensuing resolution that, not only has the charge been sustained, but also the misbehaviour was serious enough to render the president "unfit to continue in office".<ref>Constitution of Ireland, Article 12.10.7°</ref><ref name="CahillaneHickey2023">{{cite book |title=British Origins and American Practice of Impeachment |date=10 November 2023 |doi=10.4324/9781003255956 |isbn=9781003255956 |chapter=‘Impeachment’ in Irish Constitutional Law |first1=Laura |last1=Cahillane |first2=Tom |last2=Hickey |editor-first1=Chris |editor-last1=Monaghan |editor-first2=Matthew |editor-last2=Flinders |edition=1st |pages=132–154 }}</ref> |
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In Italy, according to Article 90 of the Constitution, the President of the Republic can be impeached through a majority vote of the Parliament in joint session for high treason and for attempting to overthrow the Constitution. If impeached, the President of the Republic is then tried by the Constitutional Court integrated with sixteen citizens older than forty chosen by lot from a list compiled by the Parliament every nine years. |
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{{As of|2024|01}} no impeachment of a president has ever taken place. The dignity of what is a largely ceremonial office is considered important, so it is likely that a president would resign from office long before undergoing formal conviction or impeachment. In 1976, after being criticised by [[Paddy Donegan|a minister]], [[Cearbhall Ó Dálaigh]] resigned "to protect the dignity and independence of the presidency as an institution", although there was no question of impeachment.<ref>{{cite news |title=Public assertion of personal integrity |url=https://www.irishtimes.com/newspaper/archive/1976/1023/Pg001.html#Ar00105 |access-date=7 January 2024 |newspaper=The Irish Times |url-access=subscription |date=23 October 1976 |page=1 }}</ref> |
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Italian press and political forces made use of the term "impeachment" for the attempt by some members of parliamentary opposition to initiate the procedure provided for in Article 90 against Presidents [[Francesco Cossiga]] (1991),<ref>{{Cite news | url=https://www.nytimes.com/1991/12/13/world/president-of-italy-is-making-political-waves.html | title=President of Italy is Making Political Waves| newspaper=The New York Times| date=1991-12-13| last1=Cowell| first1=Alan}}</ref>{{better source|reason=This is an American source, but the text refers to Italian ones|date=May 2019}} [[Giorgio Napolitano]] (2014)<ref>{{Cite news | url=https://www.reuters.com/article/us-italy-politics/italy-parliament-rejects-bid-to-impeach-president-napolitano-idUSBREA1A0VH20140211 | title=Italy parliament rejects bid to impeach President Napolitano| newspaper=Reuters| date=2014-02-11}}</ref>{{better source|reason=This is an American source, but the text refers to Italian ones|date=May 2019}} and [[Sergio Mattarella]] (2018).<ref>{{Cite news | url=https://www.nytimes.com/2018/05/28/world/europe/italy-sergio-mattarella-carlo-cottarelli.html | title=Italian President's Loyalty to the Euro Creates Chaos| newspaper=The New York Times| date=2018-05-28| last1=Horowitz| first1=Jason}}</ref>{{better source|reason=This is an American source, but the text refers to Italian ones|date=May 2019}} |
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While the Constitution also states that [[Comptroller and Auditor General (Ireland)|Comptroller and Auditor General]] and justices of the [[Courts of the Republic of Ireland#Superior courts|superior courts]] can be removed from office for "stated misbehaviour", it does not describe this as ''impeachment'' and the requirement in each case is simple resolution by each house of the Oireachtas.<ref>Constitution of Ireland, Articles 33.5 and 35.4</ref> The process is nevertheless informally called "impeachment".<ref name="CahillaneHickey2023"/> |
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==={{flagicon|Liechtenstein}} Liechtenstein=== |
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=== Italy=== |
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Members of the Liechtenstein Government can be impeached before the State Court for breaches of the Constitution or of other laws.<ref name=liechtensteinConstitution>{{cite web|url=http://hrlibrary.umn.edu/research/liechtenstein-constitution.pdf |title=Constitution of the Principality of Liechtenstein |publisher=Legal Service of the Government of the Principality of Liechtenstein |website=hrlibrary.umn.edu |date=2003 |accessdate=November 13, 2016}}</ref>{{rp|Article 62}} As a [[hereditary monarchy]] the [[Monarchy of Liechtenstein|Sovereign Prince]] can not be impeached as he "is not subject to the jurisdiction of the courts and does not have legal responsibility".<ref name=liechtensteinConstitution/>{{rp|Article 7}} The same is true of any member of the [[House of Liechtenstein|Princely House]] who exercises the function of head of state should the Prince be temporarily prevented or in preparation for the Succession.<ref name=liechtensteinConstitution/>{{rp|Article 7}} |
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In Italy, according to Article 90 of the [[Constitution of Italy|Constitution]], the [[President of Italy]] can be impeached through a majority vote of the [[Italian Parliament|Parliament]] in joint session for high treason and for attempting to overthrow the Constitution. If impeached, the president of the Republic is then tried by the Constitutional Court integrated with sixteen citizens older than forty chosen by lot from a list compiled by the Parliament every nine years. |
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==={{flagicon|Lithuania}} Lithuania=== |
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Italian press and political forces made use of the term "impeachment" for the attempt by some members of parliamentary opposition to initiate the procedure provided for in Article 90 against Presidents [[Francesco Cossiga]] (1991),<ref>{{Cite news| url=https://www.nytimes.com/1991/12/13/world/president-of-italy-is-making-political-waves.html| title=President of Italy is Making Political Waves| newspaper=The New York Times| date=1991-12-13| last1=Cowell| first1=Alan| access-date=5 June 2018| archive-date=8 March 2021| archive-url=https://web.archive.org/web/20210308150104/https://www.nytimes.com/1991/12/13/world/president-of-italy-is-making-political-waves.html| url-status=live}}</ref><ref>{{Cite web |date=2022-01-24 |title=Cossiga, il presidente silenzioso che si trasformò in picconatore |url=https://www.ilgiornale.it/news/politica/cossiga-presidente-silenzioso-che-si-trasform-picconatore-2004720.html |access-date=2024-03-25 |website=ilGiornale.it |language=it |archive-date=25 March 2024 |archive-url=https://web.archive.org/web/20240325195959/https://www.ilgiornale.it/news/politica/cossiga-presidente-silenzioso-che-si-trasform-picconatore-2004720.html |url-status=live }}</ref> [[Giorgio Napolitano]] (2014)<ref>{{Cite news| url=https://www.reuters.com/article/us-italy-politics/italy-parliament-rejects-bid-to-impeach-president-napolitano-idUSBREA1A0VH20140211| title=Italy parliament rejects bid to impeach President Napolitano| newspaper=Reuters| date=2014-02-11| access-date=5 June 2018| archive-date=8 March 2021| archive-url=https://web.archive.org/web/20210308140158/https://www.reuters.com/article/us-italy-politics/italy-parliament-rejects-bid-to-impeach-president-napolitano-idUSBREA1A0VH20140211| url-status=live}}</ref><ref>{{Cite web |last=Ellyatt |first=Holly |date=2014-01-31 |title=Italy's anti-establishment party bids to impeach president |url=https://www.cnbc.com/2014/01/31/italys-anti-establishment-party-bids-to-impeach-president.html |access-date=2024-03-25 |website=CNBC |language=en}}</ref> and [[Sergio Mattarella]] (2018).<ref>{{Cite news | url=https://www.nytimes.com/2018/05/28/world/europe/italy-sergio-mattarella-carlo-cottarelli.html |archive-url=https://ghostarchive.org/archive/20220103/https://www.nytimes.com/2018/05/28/world/europe/italy-sergio-mattarella-carlo-cottarelli.html |archive-date=2022-01-03 |url-access=subscription |url-status=live | title=Italian President's Loyalty to the Euro Creates Chaos| newspaper=The New York Times| date=2018-05-28| last1=Horowitz| first1=Jason}}{{cbignore}}</ref><ref>{{Cite web |date=2018-05-28 |title=Factbox – Impeachment of a President: How it works in Italy |url=https://uk.movies.yahoo.com/factbox-impeachment-president-works-italy-150203454.html |access-date=2024-03-25 |website=uk.movies.yahoo.com |language=en-GB |archive-date=25 March 2024 |archive-url=https://web.archive.org/web/20240325195521/https://uk.movies.yahoo.com/factbox-impeachment-president-works-italy-150203454.html |url-status=live }}</ref><ref>{{Cite web |date=2018-05-28 |title=Italian president faces impeachment call |url=https://www.rnz.co.nz/news/world/358399/italian-president-faces-impeachment-call |access-date=2024-03-25 |website=[[RNZ]] |language=en-nz |archive-date=25 March 2024 |archive-url=https://web.archive.org/web/20240325195522/https://www.rnz.co.nz/news/world/358399/italian-president-faces-impeachment-call |url-status=live }}</ref> |
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In the [[Republic of Lithuania]], the President may be impeached by a three-fifths majority in the [[Seimas]].<ref>{{cite web|title=The Constitution of the Republic of Lithuania|url=http://www3.lrs.lt/home/Konstitucija/Constitution.htm|accessdate=2016-04-04}}</ref> President [[Rolandas Paksas]] was removed from office by impeachment on April 6, 2004 after the [[Constitutional Court of Lithuania]] found him guilty of having violated his oath and the constitution. He was the first European [[head of state]] to have been impeached.<ref>{{cite news|title=Lithuanian Parliament Removes Country's President After Casting Votes on Three Charges|url=https://www.nytimes.com/2004/04/07/world/lithuanian-parliament-removes-country-s-president-after-casting-votes-three.html|newspaper=[[The New York Times]]|date=April 7, 2004|accessdate=2016-04-04}}</ref> |
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===Japan=== |
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==={{flagicon|Norway}} Norway=== |
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By Article 78 of the [[Constitution of Japan]], judges can be impeached.<ref>{{cite web|title= The Constitution of Japan|website= Japanese Law Translation|url= http://www.japaneselawtranslation.go.jp/law/detail/?id=174|access-date= 10 August 2020|archive-date= 5 January 2021|archive-url= https://web.archive.org/web/20210105093921/http://www.japaneselawtranslation.go.jp/law/detail/?id=174|url-status= dead}}</ref> The voting method is specified by laws. The [[National Diet]] has two organs, namely {{lang|ja|裁判官訴追委員会}} ({{lang|ja-Latn|Saibankan sotsui iinkai}}) and {{lang|ja|裁判官弾劾裁判所}} ({{lang|ja-Latn|Saibankan dangai saibansho}}), which is established by Article 64 of the Constitution.<ref>{{Cite web|url=https://www.dangai.go.jp/|title=裁判官弾劾裁判所公式サイト / トップページ (音声ブラウザ対応)|website=www.dangai.go.jp|access-date=22 March 2021|archive-date=19 December 2020|archive-url=https://web.archive.org/web/20201219123358/https://www.dangai.go.jp/|url-status=live}}</ref> The former has a role similar to prosecutor and the latter is analogous to Court. Seven judges were removed by them. |
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{{Unreferenced section|date=December 2019}} |
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=== Liechtenstein=== |
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{{Main|Impeachment (Norway)}} |
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Members of the Liechtenstein Government can be impeached before the State Court for breaches of the Constitution or of other laws.<ref name=liechtensteinConstitution>{{cite web |url=http://hrlibrary.umn.edu/research/liechtenstein-constitution.pdf |title=Constitution of the Principality of Liechtenstein |publisher=Legal Service of the Government of the Principality of Liechtenstein |website=hrlibrary.umn.edu |date=2003 |access-date=13 November 2016 |archive-date=1 November 2020 |archive-url=https://web.archive.org/web/20201101105256/http://hrlibrary.umn.edu/research/liechtenstein-constitution.pdf |url-status=live }}</ref>{{rp|Article 62}} As a [[hereditary monarchy]] the [[Monarchy of Liechtenstein|Sovereign Prince]] cannot be impeached as he "is not subject to the jurisdiction of the courts and does not have legal responsibility".<ref name=liechtensteinConstitution/>{{rp|Article 7}} The same is true of any member of the [[House of Liechtenstein|Princely House]] who exercises the function of head of state should the Prince be temporarily prevented or in preparation for the Succession.<ref name=liechtensteinConstitution/>{{rp|Article 7}} |
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Members of government, representatives of the national assembly (Stortinget) and Supreme Court judges can be impeached for criminal offenses tied to their duties and committed in office, according to the Constitution of 1814, §§ 86 and 87. The procedural rules were modeled after the U.S. rules and are quite similar to them. Impeachment has been used eight times since 1814, last in 1927. Many argue that impeachment has fallen into [[desuetude]]. In cases of impeachment, an appointed court (Riksrett) takes effect. |
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=== Lithuania=== |
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==={{flagicon|Pakistan}} Pakistan=== |
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[[File:2009 m. Respublikos Prezidento rinkimai Paksas (cropped).jpg|thumb|Lithuanian President [[Rolandas Paksas]] was the first European [[head of state]] to have been impeached.]] |
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In the [[Republic of Lithuania]], the president may be impeached by a three-fifths majority in the [[Seimas]].<ref>{{cite web|title=The Constitution of the Republic of Lithuania|url=http://www3.lrs.lt/home/Konstitucija/Constitution.htm|access-date=2016-04-04|archive-date=17 January 2006|archive-url=https://web.archive.org/web/20060117080458/http://www3.lrs.lt/home/Konstitucija/Constitution.htm|url-status=live}}</ref> President [[Rolandas Paksas]] was removed from office by impeachment on 6 April 2004 after the [[Constitutional Court of Lithuania]] found him guilty of having violated his oath and the constitution. He was the first European [[head of state]] to have been impeached.<ref>{{cite news|title=Lithuanian Parliament Removes Country's President After Casting Votes on Three Charges|url=https://www.nytimes.com/2004/04/07/world/lithuanian-parliament-removes-country-s-president-after-casting-votes-three.html|newspaper=[[The New York Times]]|date=7 April 2004|access-date=2016-04-04|archive-date=29 June 2019|archive-url=https://web.archive.org/web/20190629083518/https://www.nytimes.com/2004/04/07/world/lithuanian-parliament-removes-country-s-president-after-casting-votes-three.html|url-status=live}}</ref> |
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=== Norway=== |
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{{Unreferenced section|date=December 2019}} |
{{Unreferenced section|date=December 2019}} |
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{{Main|Impeachment (Norway)}} |
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Members of government, representatives of the national assembly ([[Storting]]et) and [[Supreme Court of Norway|Supreme Court]] judges can be impeached for criminal offenses tied to their duties and committed in office, according to the Constitution of 1814, §§ 86 and 87. The procedural rules were modeled after the U.S. rules and are quite similar to them. Impeachment has been used eight times since 1814, last in 1927. Many argue that impeachment has fallen into [[desuetude]]. In cases of impeachment, an appointed court (Riksrett) takes effect. |
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The country's ruling coalition said on August 7, 2008, that it would seek the impeachment of [[President of Pakistan|President]] [[Pervez Musharraf]], alleging the U.S.-backed former general had "eroded the trust of the nation" and increasing pressure on him to resign. He resigned on August 18, 2008. Another kind of impeachment in Pakistan is known as the vote of less-confidence or vote of mis-understanding and has been practiced by provincial assemblies to weaken the national assembly. |
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===Peru=== |
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Impeaching a president requires a two-thirds majority support of lawmakers in a joint session of both houses of Parliament. |
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{{Update|section|date=September 2024|reason=missing impeachment of Vizcarra and Castillo}} |
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[[File:Pedro Pablo Kuczynski, ao lado de seus vice-presidentes, discursa sobre seu processo de impeachment - c.png|thumb|[[President of Peru|Peru's president]] [[Pedro Pablo Kuczynski]] speaks about the impeachment process against him.]] |
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The [[first impeachment process against Pedro Pablo Kuczynski]], then the incumbent [[President of Peru]] since 2016, was initiated by the [[Congress of Peru]] on 15 December 2017. According to [[Luis Galarreta]], the President of the Congress, the whole process of impeachment could have taken as little as a week to complete.<ref name="bbc.com">{{cite web|url=https://www.bbc.com/news/world-latin-america-42374771|title=Peru's leader faces impeachment|date=15 December 2017|access-date=28 December 2017|website=Bbc.com|archive-date=1 April 2019|archive-url=https://web.archive.org/web/20190401044640/https://www.bbc.com/news/world-latin-america-42374771|url-status=live}}</ref> This event was part of the second stage of the [[2017–2021 Peruvian political crisis|political crisis]] generated by the confrontation between the Government of Pedro Pablo Kuczynski and the Congress, in which the opposition Popular Force has an absolute majority. The impeachment request was rejected by the congress on 21 December 2017, for failing to obtain sufficient votes for the deposition.<ref>{{cite web|url=https://www.efe.com/efe/english/world/lawmakers-who-helped-peru-president-survive-impeachment-bid-say-democracy-won/50000262-3474525|title=Lawmakers who helped Peru president survive impeachment bid say democracy won|website=Efe.com|date=22 December 2017|access-date=28 December 2017|archive-date=15 January 2021|archive-url=https://web.archive.org/web/20210115054646/https://www.efe.com/efe/english/world/lawmakers-who-helped-peru-president-survive-impeachment-bid-say-democracy-won/50000262-3474525|url-status=live}}</ref> |
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=== Philippines=== |
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{{main|Impeachment in the Philippines}} |
{{main|Impeachment in the Philippines}} |
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Impeachment in the Philippines follows procedures similar to the [[United States]]. Under Sections{{nbsp}}2 and 3, Article XI, [[Constitution of the Philippines]], the [[House of Representatives of the Philippines]] has the exclusive power to initiate all cases of impeachment against the [[President of the Philippines| |
Impeachment in the Philippines follows procedures similar to the [[United States]]. Under Sections{{nbsp}}2 and 3, Article XI, [[Constitution of the Philippines]], the [[House of Representatives of the Philippines]] has the exclusive power to initiate all cases of impeachment against the [[President of the Philippines|president]], [[Vice President of the Philippines|vice president]], members of the [[Supreme Court of the Philippines|Supreme Court]], members of the Constitutional Commissions ([[Commission on Elections (Philippines)|Commission on Elections]], [[Civil Service Commission (Philippines)|Civil Service Commission]] and the [[Commission on Audit (Philippines)|Commission on Audit]]), and the [[Philippine Ombudsman|ombudsman]]. When a third of its membership has endorsed [[Article of impeachment|article(s) of impeachment]], it is then transmitted to the [[Senate of the Philippines]] which tries and decide, as impeachment tribunal, the impeachment case.<ref name="Article XI">{{cite web|url= http://www.chanrobles.com/article11.htm|title= The 1987 Constitution of the Republic of the Philippines – Article XI|access-date= 2008-07-25|author= Chan-Robles Virtual Law Library|archive-date= 11 June 2011|archive-url= https://web.archive.org/web/20110611043822/http://www.chanrobles.com/article11.htm|url-status= live}}</ref> |
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A main difference from U.S. proceedings however is that only one third of House members are required to approve the motion to impeach the |
A main difference from U.S. proceedings, however, is that only one third of House members are required to approve the motion to impeach the president (as opposed to a simple majority of those present and voting in their U.S. counterpart). In the Senate, selected members of the House of Representatives act as the prosecutors and the senators act as judges with the Senate president presiding over the proceedings (the chief justice jointly presides with the Senate president if the president is on trial). Like the United States, to convict the official in question requires that a minimum of two thirds (i.e. 16 of 24 members) of all the members of the Senate vote in favor of conviction. If an impeachment attempt is unsuccessful or the official is acquitted, no new cases can be filed against that impeachable official for at least one full year. |
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====Impeachable offenses and officials==== |
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{{Unreferenced section|date=December 2019}} |
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The 1987 Philippine Constitution says the grounds for impeachment include culpable violation of the Constitution, bribery, [[Graft (politics)|graft]] and corruption, and betrayal of public trust. These offenses are considered "high crimes and misdemeanors" under the Philippine Constitution. |
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The President, Vice President, Supreme Court justices, and members of the Constitutional Commission and Ombudsman are all considered impeachable officials under the Constitution. |
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====Impeachment proceedings and attempts==== |
====Impeachment proceedings and attempts==== |
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President [[Joseph Estrada]] was the first official [[Trial of Joseph Estrada|impeached]] by the House in 2000, but the trial ended prematurely due to outrage over a vote to open an envelope where that motion was narrowly defeated by his allies. Estrada was deposed days later during the [[2001 EDSA Revolution]]. |
President [[Joseph Estrada]] was the first official [[Trial of Joseph Estrada|impeached]] by the House in 2000, but the trial ended prematurely due to outrage over a vote to open an envelope where that motion was narrowly defeated by his allies. Estrada was deposed days later during the [[2001 EDSA Revolution]]. |
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In 2005, 2006, 2007 and 2008, impeachment complaints were filed against President [[Gloria Macapagal |
In 2005, 2006, 2007 and 2008, impeachment complaints were filed against President [[Gloria Macapagal Arroyo]], but none of the cases reached the required endorsement of {{frac|1|3}} of the members for transmittal to, and trial by, the Senate. |
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In March 2011, the House of Representatives [[Impeachment of Merceditas Gutierrez|impeached]] [[Ombudsman of the Philippines|Ombudsman]] [[Merceditas Gutierrez]], becoming the second person to be impeached. In April, Gutierrez resigned prior to the Senate's convening as an impeachment court. |
In March 2011, the House of Representatives [[Impeachment of Merceditas Gutierrez|impeached]] [[Ombudsman of the Philippines|Ombudsman]] [[Merceditas Gutierrez]], becoming the second person to be impeached. In April, Gutierrez resigned prior to the Senate's convening as an impeachment court. |
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In December 2011, in what was described as "blitzkrieg fashion", 188 of the 285 members of the [[House of Representatives of the Philippines|House of Representatives]] [[Impeachment of Renato Corona|voted]] to transmit the 56-page [[ |
In December 2011, in what was described as "blitzkrieg fashion", 188 of the 285 members of the [[House of Representatives of the Philippines|House of Representatives]] [[Impeachment of Renato Corona|voted]] to transmit the 56-page [[articles of impeachment]] against [[Supreme Court of the Philippines|Supreme Court]] [[Chief Justice of the Supreme Court of the Philippines|chief justice]] [[Renato Corona]] in [[Impeachment of Renato Corona|his impeachment]]. |
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To date, three officials had been successfully impeached by the House of Representatives, and two were not convicted. The latter, [[Renato Corona|Chief Justice Renato C. Corona]], was convicted on |
To date, three officials had been successfully impeached by the House of Representatives, and two were not convicted. The latter, [[Renato Corona|Chief Justice Renato C. Corona]], was convicted on 29 May 2012, by the Senate under Article II of the Articles of Impeachment (for betraying public trust), with 20–3 votes from the Senator Judges. |
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===Poland=== |
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In Poland, referral to the [[State Tribunal (Poland)|State Tribunal]] is used instead of the process of impeachment, which is traditionally used in some other nations as a way of addressing similar allegations against persons holding analogous offices. |
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{{Unreferenced section|date=December 2019}} |
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===Romania=== |
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{{See also|First impeachment process against Pedro Pablo Kuczynski}} |
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The [[President of Romania|president]] can be impeached by [[Parliament of Romania|Parliament]] and is then suspended. A referendum then follows to determine whether the suspended President should be removed from office. President [[Traian Băsescu]] was impeached twice by the Parliament: in 2007 and then again in July 2012. [[2007 Romanian presidential impeachment referendum|A referendum was held]] on 19 May 2007 and a large majority of the electorate voted against removing the president from office. For the most recent suspension [[2012 Romanian presidential impeachment referendum|a referendum was held]] on 29 July 2012; the results were heavily against the president, but the referendum was invalidated due to low turnout.<ref>[[:ro:Referendumul pentru demiterea președintelui României, 2012]]{{Circular reference|date=April 2024}}</ref>{{Circular reference|date=October 2017}} |
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[[File:Pedro Pablo Kuczynski, ao lado de seus vice-presidentes, discursa sobre seu processo de impeachment.png|thumb|[[President of Peru|Peru's President]] [[Pedro Pablo Kuczynski]] speaks about the impeachment process against him]] |
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=== Russia=== |
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{{Main|Impeachment in Russia}} |
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{{Unreferenced section|date=December 2019}} |
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[[File:Yeltsin 1993 cropped.jpg|thumb|[[Boris Yeltsin]], as president of Russia, survived several impeachment attempts.]] |
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In 1999, members of the [[State Duma of Russia]], led by the [[Communist Party of the Russian Federation]], unsuccessfully attempted to impeach President [[Boris Yeltsin]] on charges relating to his role in the [[1993 Russian constitutional crisis]] and launching the [[First Chechen War]] (1995–96); efforts to launch impeachment proceedings failed.<ref>[https://www.theguardian.com/world/1999/may/13/chechnya.russia "Yeltsin impeachment hearings begin"] {{Webarchive|url=https://web.archive.org/web/20210126024654/https://www.theguardian.com/world/1999/may/13/chechnya.russia |date=26 January 2021 }}, ''The Guardian'' (13 May 1999).</ref><ref>David Hoffman, [https://www.washingtonpost.com/archive/politics/1999/05/16/bid-to-impeach-yeltsin-defeated/1eadb626-86fe-4260-9aa7-f9b8bed89be2/ "Bid to Impeach Yeltsin Defeated"], ''Washington Post'' (16 May 1999).</ref><ref>Michael Wines, [https://www.nytimes.com/1999/05/16/world/drive-to-impeach-russian-president-dies-in-parliament.html "Drive to Impeach Russian President Dies in Parliament"] {{Webarchive|url=https://web.archive.org/web/20210302235315/http://www.nytimes.com/1999/05/16/world/drive-to-impeach-russian-president-dies-in-parliament.html |date=2 March 2021 }}, ''New York Times'' (16 May 1999).</ref> |
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In Polish law there is no impeachment procedure defined, as it is present in the other countries. Infringements of the law can be investigated only by special Parliament's Committee or (if accusations involve people holding the highest offices of state) by the [[State Tribunal (Poland)|State Tribunal]]. The State Tribunal is empowered to rule for the removal of individuals from public office but it is not a common practice. |
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=== Singapore=== |
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==={{flagicon|Romania}} Romania=== |
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The [[Constitution of Singapore]] allows the impeachment of a sitting [[President of Singapore|president]] on charges of treason, violation of the Constitution, corruption, or attempting to mislead the Presidential Elections Committee for the purpose of demonstrating eligibility to be elected as president. The [[Prime Minister of Singapore|prime minister]] or at least one-quarter of all [[Parliament of Singapore|members of Parliament]] (MPs) can pass an impeachment motion, which can succeed only if at least half of all MPs (excluding nominated members) vote in favor, whereupon the chief justice of the [[Supreme Court of Singapore|Supreme Court]] will appoint a tribunal to investigate allegations against the president. If the tribunal finds the president guilty, or otherwise declares that the president is "permanently incapable of discharging the functions of his office by reason of mental or physical infirmity", Parliament will hold a vote on a resolution to remove the president from office, which requires a three-quarters majority to succeed.<ref>{{cite web|url=https://sso.agc.gov.sg/Act/CONS1963?ProvIds=pr22L-,pr25-|title=Constitution of the Republic of Singapore – Singapore Statutes Online|date=2019|website=/sso.agc.gov.sg|access-date=15 October 2019|archive-date=8 June 2020|archive-url=https://web.archive.org/web/20200608142315/https://sso.agc.gov.sg/Act/CONS1963?ProvIds=pr22L-,pr25-|url-status=live}}</ref> No president has ever been removed from office in this fashion. |
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The [[President of Romania|President]] can be impeached by [[Parliament of Romania|Parliament]] and is then suspended. A referendum then follows to determine whether the suspended President should be removed from office. President [[Traian Băsescu]] was impeached twice by the Parliament: in 2007 and more recently in July 2012. [[2007 Romanian presidential impeachment referendum|A referendum was held]] on May 19, 2007 and a large majority of the electorate voted against removing the president from office. For the most recent suspension [[2012 Romanian presidential impeachment referendum|a referendum was held]] on July 29, 2012; the results were heavily against the president, but the referendum was invalidated due to low turnout.<ref>[[:ro:Referendumul pentru demiterea președintelui României, 2012]]</ref>{{Circular reference|date=October 2017}} |
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===South Africa=== |
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{{main|Impeachment in South Africa}} |
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{{Unreferenced section|date=December 2019}} |
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When the [[Union of South Africa]] was established in 1910, the only officials who could be impeached (though the term itself was not used) were the chief justice and judges of the [[Supreme Court of South Africa]]. The scope was broadened when the country became a republic in 1961, to include the [[State President of South Africa|state president]]. It was further broadened in 1981 to include the new office of [[Vice State President of South Africa|vice state president]]; and in 1994 to include the [[Deputy President of South Africa|executive deputy presidents]], the [[Public Protector|public protector]] and the [[Auditor-General (South Africa)|Auditor-General]]. Since 1997, members of certain commissions established by the Constitution can also be impeached. The grounds for impeachment, and the procedures to be followed, have changed several times over the years. |
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The [[President of Russia]] can be impeached if both the [[State Duma]] (which initiates the impeachment process through the formation of a special investigation committee) and the [[Federation Council of Russia]] vote by a two-thirds majority in favor of impeachment and, additionally, the [[Supreme Court of the Russian Federation|Supreme Court]] finds the President guilty of [[treason]] or a similarly heavy crime against the nation and the [[Constitutional Court of the Russian Federation|Constitutional Court]] confirms that the constitutional procedure of the impeachment process was correctly observed. In 1995–1999, the Duma made several attempts to impeach then-President [[Boris Yeltsin]], but they never had a sufficient number of votes for the process to reach the Federation Council. |
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=== South Korea === |
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==={{flagicon|Singapore}} Singapore=== |
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{{Main|Constitutional Court of Korea#Impeachment}} |
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{{See also|Impeachment of Park Geun-hye|Impeachment of Yoon Suk Yeol}} |
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[[File:Secretary of Defense Lloyd J. Austin III hosts South Korean President Yoon Suk Yeol for a meeting at the Pentagon, Washington, D.C. on April 27, 2023.jpg|thumb|Yoon Suk Yeol, South Korean suspended president following his [[Impeachment of Yoon Suk Yeol|impeachment by the National Assembly of Korea]]'''.''']] |
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According to the Article 65(1) of [[Constitution of South Korea]],<ref>{{Cite web |url=https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1 |title=Constitution of the Republic of Korea |publisher=Korea Legislation Research Institute |access-date=2022-05-05 |archive-date=8 March 2021 |archive-url=https://web.archive.org/web/20210308124813/https://elaw.klri.re.kr/eng_service/lawView.do?lang=ENG&hseq=1 |url-status=live }}</ref> [[President of South Korea|President]], [[Prime Minister of South Korea|Prime Minister]], members of the [[State Council of South Korea|State Council]], heads of Executive Ministries, [[Justice of the Constitutional Court of Korea|Justices of the Constitutional Court]], judges, members of [[National Election Commission (South Korea)|the National Election Commission]], the chairperson and members of the [[Board of Audit and Inspection]] can be impeached by the [[National Assembly (South Korea)|National Assembly]] when they violated the Constitution or other statutory duties. By article 65(2) of the Constitution, proposal of impeachment needs an absolute majority of votes among the entire membership of the [[National Assembly (South Korea)|National Assembly]]. However, exceptionally, the impeachment of the [[President of South Korea]] needs a two-thirds supermajority of votes among the entire membership of the [[National Assembly (South Korea)|National Assembly]]. When the impeachment proposal is passed in the [[National Assembly (South Korea)|National Assembly]], it is finally reviewed under jurisdiction the [[Constitutional Court of Korea]], according to article 111(1) of the Constitution. During review of impeachment in the Constitutional Court, the impeached is suspended from exercising power by article 65(3) of the Constitution. |
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Three presidents have been impeached since the establishment of the [[Republic of Korea]] in 1948. [[Roh Moo-hyun]] in 2004 was impeached by the National Assembly but was overturned by the [[Constitutional Court of Korea|Constitutional Court]]. [[Park Geun-hye]] in 2016 was impeached by the National Assembly, and the impeachment was confirmed by the Constitutional Court on 10 March 2017.<ref>{{cite news |last1=Kim |first1=Da-sol |title=Revisiting Roh Moo-hyun impeachment |url=http://www.koreaherald.com/view.php?ud=20161208000727 |access-date=9 February 2021 |work=[[The Korea Herald]] |date=8 December 2016 |language=en |archive-date=24 February 2021 |archive-url=https://web.archive.org/web/20210224154400/http://www.koreaherald.com/view.php?ud=20161208000727 |url-status=live }}</ref> [[Yoon Suk Yeol]] on 14 December 2024 was impeached by the National Assembly, following [[2024 South Korean martial law|his declaration of martial law, later overturned by the parliament,]] on 3 December.<ref>{{Cite web |last=Kim |first=Stella |last2=Jett |first2=Jennifer |date=2024-12-14 |title=South Korean president is impeached over martial law declaration |url=https://www.nbcnews.com/news/world/south-korean-president-second-impeachment-vote-martial-law-rcna184087 |access-date=2024-12-14 |website=NBC News |language=en}}</ref> |
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The [[Constitution of Singapore]] allows the impeachment of a sitting [[President of Singapore|President]] on charges of treason, violation of the Constitution, corruption, or attempting to mislead the Presidential Elections Committee for the purpose of demonstrating eligibility to be elected as President. The [[Prime Minister of Singapore|Prime Minister]] or at least one-quarter of all [[Parliament of Singapore|Members of Parliament]] (MPs) can pass an impeachment motion, which can succeed only if at least half of all MPs (excluding nominated Members) vote in favor, whereupon the Chief Justice of the [[Supreme Court of Singapore|Supreme Court]] will appoint a tribunal to investigate allegations against the President. If the tribunal finds the President guilty, or otherwise declares that the President is "permanently incapable of discharging the functions of his office by reason of mental or physical infirmity", Parliament will hold a vote on a resolution to remove the President from office, which requires a three-quarters majority to succeed.<ref>{{cite web|url=https://sso.agc.gov.sg/Act/CONS1963?ProvIds=pr22L-,pr25-|title=Constitution of the Republic of Singapore—Singapore Statutes Online|date=2019|website=/sso.agc.gov.sg}}</ref> No President has ever been removed from office in this fashion. |
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In February 2021, Judge Lim Seong-geun of the Busan High Court was impeached by the National Assembly for meddling in politically sensitive trials, the first ever impeachment of a judge in Korean history. Unlike presidential impeachments, only |
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==={{flagicon|South Korea}} South Korea (Republic of Korea)=== |
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a simple majority is required to impeach.<ref>{{cite web|url=https://koreajoongangdaily.joins.com/2021/02/04/national/politics/Lim-Seonggeun-Kim-Myeongsu-impeach/20210204182700657.html|date=4 February 2021|title=Legislature impeaches judge for political meddling|agency=[[Korea JoongAng Daily]]|access-date=9 February 2021|archive-date=19 February 2021|archive-url=https://web.archive.org/web/20210219203935/https://koreajoongangdaily.joins.com/2021/02/04/national/politics/Lim-Seonggeun-Kim-Myeongsu-impeach/20210204182700657.html|url-status=live}}</ref> Judge Lim's term expired before the Constitutional Court could render a verdict, leading the court to dismiss the case.<ref>{{cite web | url=https://www.koreatimes.co.kr/www/nation/2022/10/113_317782.html | title=Constitutional Court rejects first-ever impeachment of judge | date=28 October 2021 | access-date=14 October 2022 | archive-date=14 October 2022 | archive-url=https://web.archive.org/web/20221014042424/https://www.koreatimes.co.kr/www/nation/2022/10/113_317782.html | url-status=live }}</ref> |
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{{Unreferenced section|date=December 2019}} |
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===Turkey=== |
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{{See also|Impeachment of Park Geun-hye}} |
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In [[Turkey]], according to the [[Constitution of Turkey|Constitution]], the [[Grand National Assembly of Turkey|Grand National Assembly]] may initiate an investigation of the [[President of Turkey|president]], the [[Vice President of Turkey|vice president]] or any member of the [[Cabinet of Turkey|Cabinet]] upon the proposal of simple majority of its total members, and within a period less than a month, the approval of three-fifths of the total members.<ref>{{cite web|url=https://www.tbmm.gov.tr/anayasa/anayasa_2018.pdf|title=Grand National Assembly of Turkey|date=2018|website=tbmmgov.tr|access-date=6 March 2019|archive-date=19 August 2018|archive-url=https://web.archive.org/web/20180819091040/https://www.tbmm.gov.tr/anayasa/anayasa_2018.pdf|url-status=live}}</ref> The investigation would be carried out by a commission of fifteen members of the [[Grand National Assembly of Turkey|Assembly]], each nominated by the political parties in proportion to their representation therein. The commission would submit its report indicating the outcome of the investigation to the [[Speaker of the Grand National Assembly|speaker]] within two months. If the investigation is not completed within this period, the commission's time may be renewed for another month. Within ten days of its submission to the speaker, the report would be distributed to all members of the [[Grand National Assembly of Turkey|Assembly]], and ten days after its distribution, the report would be discussed on the floor. Upon the approval of two thirds of the total number of the [[Grand National Assembly of Turkey|Assembly]] by secret vote, the person or persons, about whom the investigation was conducted, may be tried before the [[Constitutional Court of Turkey|Constitutional Court]]. The trial would be finalized within three months, and if not, a one-time additional period of three months shall be granted. |
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According to the Article 65 Clause 1 of [[Constitution of South Korea]], if President, Prime Minister, or other state council members including Supreme Court and Constitutional court members, violate the Constitution or other laws of official duty, the National Assembly can impeach them. Clause{{nbsp}}2 states the impeachment bill may be proposed by one third or more of the total members of the National Assembly, and shall require majority voting and approved by two thirds or more of the total members of the National Assembly. This article also states that any person against whom a motion for impeachment has been passed shall be suspended from exercising his power until the impeachment has been adjudicated and shall not extend further than removal from public office. Provided, that it shall not exempt the person impeached from civil or criminal liability. |
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The president, about whom an investigation has been initiated, may not call for an [[Elections in Turkey|election]]. The [[President of Turkey|president]], who is convicted by the [[Constitutional Court of Turkey|Court]], would be removed from office.{{citation needed|date=February 2024}} |
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Two presidents have been impeached since the foundation of the Sixth Republic of Korea and adoption of the new [[Constitution of South Korea]] in 1987. [[Roh Moo-hyun]] in 2004 was impeached by the National Assembly but was overturned by the Constitutional Court. [[Park Geun-hye]] in 2016 was impeached by the National Assembly, and the impeachment was confirmed by the Constitutional Court on March 10, 2017. |
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==={{flagicon|Taiwan}} Taiwan=== |
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{{Unreferenced section|date=December 2019}} |
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In [[Taiwan]], according to the [[Additional Articles of the Constitution of the Republic of China]], impeachment of the president or the vice president by the [[Legislative Yuan]] shall be initiated upon the proposal of more than one-half of the total members of the Legislative Yuan and passed by more than two-thirds of the total members of the Legislative Yuan, whereupon it shall be presented to the grand justices of the [[Judicial Yuan]] for adjudication. |
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==={{flagicon|Turkey}} Turkey=== |
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In [[Turkey]], according to the [[Constitution of Turkey|Constitution]], the [[Grand National Assembly of Turkey|Grand National Assembly]] may initiate an investigation of the [[President of Turkey|President]], the [[Vice President of Turkey|Vice President]] or any member of the [[Cabinet of Turkey|Cabinet]] upon the proposal of simple majority of its total members, and within a period less than a month, the approval of three-fifths of the total members.<ref>{{cite web|url=https://www.tbmm.gov.tr/anayasa/anayasa_2018.pdf|title=Grand National Assembly of Turkey|date=2018|website=tbmmgov.tr}}</ref> The investigation would be carried out by a commission of fifteen members of the [[Grand National Assembly of Turkey|Assembly]], each nominated by the political parties in proportion to their representation therein. The Commission would submit its report indicating the outcome of the investigation to the [[Speaker of the Grand National Assembly|Speaker]] within two months. If the investigation is not completed within this period, the Commission's time renewed for another month. Within ten days of its submission to the Speaker, the report would be distributed to all members of the [[Grand National Assembly of Turkey|Assembly]], and ten days after its distribution, the report would be discussed on the floor. Upon the approval of two thirds of the total number of the [[Grand National Assembly of Turkey|Assembly]] by secret vote, the person or persons, about whom the investigation was conducted, may be tried before the [[Constitutional Court of Turkey|Constitutional Court]]. The trial would be finalized within three months, and if not, a one-time additional period of three months shall be granted. |
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The President, about whom an investigation has been initiated, may not call for an [[Elections in Turkey|election]]. The [[President of Turkey|President]], who is convicted by the [[Constitutional Court of Turkey|Court]], would be removed from office. |
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The provision of this article shall also apply to the offenses for which the President allegedly worked during his term of office. |
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==={{flagicon|Ukraine}} Ukraine=== |
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{{Unreferenced section|date=December 2019}} |
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The provision of this article shall also apply to the offenses for which the president allegedly worked during his term of office.{{citation needed|date=February 2024}} |
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During the crisis which started in November 2013, the increasing political stress of the face-down between the protestors occupying Independence Square in Kiev and the State Security forces under the control of [[President Yanukovych]] led to deadly armed force being used on the protestors. Following the negotiated return of Kiev's City Hall on February 16, 2014, occupied by the protesters since November 2013, the security forces thought they could also retake "Maidan", Independence Square. The ensuing fighting from 17 through 21 February 2014 resulted in a considerable number of deaths and a more generalised alienation of the population, and the withdrawal of President Yanukovych to his support area in the East of Ukraine. |
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In the wake of the President's departure, Parliament convened on February 22; it reinstated the 2004 Constitution, which reduced Presidential authority, and voted impeachment of President Yanukovych as ''[[de facto]]'' recognition of his departure from office as President of an integrated Ukraine. The President riposted that Parliament's acts were illegal as they could pass into law only by Presidential signature. |
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=== United Kingdom=== |
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{{Main|Impeachment in the United Kingdom}} |
{{Main|Impeachment in the United Kingdom}} |
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In the [[United Kingdom]], in principle anybody may be prosecuted and tried by the two Houses of [[Parliament of the United Kingdom|Parliament]] for any crime.<ref name="UK0001">{{cite web|url=https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7612|title=Commons Briefing papers CBP-7612|last=Simson Caird|first=Jack|date=June |
In the [[United Kingdom]], in principle, anybody may be prosecuted and tried by the two Houses of [[Parliament of the United Kingdom|Parliament]] for any crime.<ref name="UK0001">{{cite web|url=https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7612|title=Commons Briefing papers CBP-7612|last=Simson Caird|first=Jack|date=6 June 2016|publisher=[[House of Commons of the United Kingdom|House of Commons]] Library|format=PDF|access-date=2019-05-14|archive-date=24 September 2019|archive-url=https://web.archive.org/web/20190924124951/https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7612|url-status=live}}</ref> The first recorded impeachment is that of [[William Latimer, 4th Baron Latimer]] during the [[Good Parliament]] of 1376. The latest was that of [[Henry Dundas, 1st Viscount Melville]] which started in 1805 and which ended with his acquittal in June 1806.<ref>{{Cite journal|last=Hutchison|first=Gary D|date=2017|title='The Manager in Distress': Reaction to the Impeachment of Henry Dundas, 1805–7|url=http://dro.dur.ac.uk/24570/1/24570.pdf|journal=Parliamentary History|volume=36|issue=2|pages=198–217|doi=10.1111/1750-0206.12295|via=|access-date=10 February 2021|archive-date=25 June 2020|archive-url=https://web.archive.org/web/20200625102002/http://dro.dur.ac.uk/24570/1/24570.pdf|url-status=live}}</ref> Over the centuries, the procedure has been supplemented by other forms of oversight including [[Select committee (United Kingdom)|select committee]]s, [[Motions of no confidence in the United Kingdom|confidence motions]], and [[judicial review]], while the privilege of peers to trial only in the House of Lords was abolished in 1948 (see {{section link|Judicial functions of the House of Lords|Trials}}), and thus impeachment, which has not kept up with modern norms of democracy or procedural fairness, is generally considered obsolete.<ref name="UK0001" /> |
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===United States=== |
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[[File:Senate in session.jpg|thumb|upright=1.35|The [[impeachment of Bill Clinton|impeachment trial]] of [[President of the United States|United States president]] [[Bill Clinton]] in 1999, Chief Justice [[William H. Rehnquist]] presiding. The House managers are seated beside the quarter-circular tables on the left and the president's personal counsel on the right, much in the fashion of [[Impeachment of Andrew Johnson|United States president Andrew Johnson's trial]] in 1868.]] |
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{{Main|Impeachment in the United States}} |
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{{Main|Impeachment in the United States|Federal impeachment in the United States}} |
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[[File:Senate in session.jpg|thumb|upright=1.35|The [[impeachment of Bill Clinton|impeachment trial]] of [[President of the United States|United States President]] [[Bill Clinton]] in 1999, Chief Justice [[William H. Rehnquist]] presiding. The House managers are seated beside the quarter-circular tables on the left and the president's personal counsel on the right, much in the fashion of [[Impeachment of Andrew Johnson|United States President Andrew Johnson's trial]] in 1868.]] |
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[[Article One of the United States Constitution]] |
In the federal system, [[Article One of the United States Constitution]] provides that the [[United States House of Representatives|House of Representatives]] has the "sole Power of Impeachment" and the Senate has "the sole Power to try all Impeachments".<ref>''[https://www.govinfo.gov/content/pkg/GPO-HPRACTICE-112/html/GPO-HPRACTICE-112-28.htm House Practice: A Guide to the Rules, Precedents and Procedures of the House] {{Webarchive|url=https://web.archive.org/web/20210209191843/https://www.govinfo.gov/content/pkg/GPO-HPRACTICE-112/html/GPO-HPRACTICE-112-28.htm |date=9 February 2021 }}'', chap. 27 (Impeachment). [[U.S. Government Publishing Office]], p. 594 (quoting U.S. Const. art. I, Sec. 2, cl. 5; Sec. 3, cl. 6.).</ref> Article Two provides that "The President, Vice President and all civil [[Officers of the United States]], shall be removed from Office on Impeachment for, and Conviction of, [[Treason]], [[Bribery]], or other [[high Crimes and Misdemeanors]]."<ref name=OfficesEligible>[https://constitution.congress.gov/browse/essay/artII_S4_1_2_1/ ArtII.S4.1.2.1 Offices Eligible for Impeachment] {{Webarchive|url=https://web.archive.org/web/20210318161710/https://constitution.congress.gov/browse/essay/artII_S4_1_2_1/ |date=18 March 2021 }}, ''Constitution Annotated'', Congress.gov.</ref> In the United States, impeachment is the first of two stages; an official may be impeached by a majority vote of the House, but conviction and removal from office in the Senate requires "the concurrence of two thirds of the members present".<ref name="https">{{cite book|title=U.S. Constitution. Article I, § 3, clause 6|url=https://www.law.cornell.edu/constitution/articlei#section3|date=2009-11-12|access-date=5 January 2018|archive-date=18 November 2021|archive-url=https://web.archive.org/web/20211118233715/https://www.law.cornell.edu/constitution/articlei#section3|url-status=live}}</ref> Impeachment is analogous to an [[indictment]].<ref>''[https://www.govinfo.gov/content/pkg/GPO-HPRACTICE-112/html/GPO-HPRACTICE-112-28.htm House Practice: A Guide to the Rules, Precedents and Procedures of the House] {{Webarchive|url=https://web.archive.org/web/20210209191843/https://www.govinfo.gov/content/pkg/GPO-HPRACTICE-112/html/GPO-HPRACTICE-112-28.htm |date=9 February 2021 }}'', chap. 27 (Impeachment). [[U.S. Government Publishing Office]], p. 594: "An impeachment is instituted by a written accusation, called an 'Article of Impeachment,' which states the offense charged. The articles serve a purpose similar to that of an indictment in an ordinary criminal proceeding. Manual Sec. 609."</ref> |
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According to the House practice manual, "Impeachment is a constitutional remedy to address serious offenses against the system of government. It is the first step in a remedial process{{snd}}that of removal from public office and possible disqualification from holding further office. The purpose of impeachment is not punishment; rather, its function is primarily to maintain constitutional government."<ref>''[https://www.govinfo.gov/content/pkg/GPO-HPRACTICE-112/html/GPO-HPRACTICE-112-28.htm House Practice: A Guide to the Rules, Precedents and Procedures of the House] {{Webarchive|url=https://web.archive.org/web/20210209191843/https://www.govinfo.gov/content/pkg/GPO-HPRACTICE-112/html/GPO-HPRACTICE-112-28.htm |date=9 February 2021 }}'', chap. 27 (Impeachment). [[U.S. Government Publishing Office]], p. 591.</ref> Impeachment may be understood as a unique process involving both [[political]] and [[Law|legal]] elements.<ref name=GerhardtTheLaw/><ref name=Gerhardt3dedition/><ref name=Gerhardt20/> The Constitution provides that "Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."<ref>[https://constitution.congress.gov/browse/essay/artI_S3_C7_1_1/ Art I.S3.C7.1.1 Judgment in Cases of Impeachment: Overview] {{Webarchive|url=https://web.archive.org/web/20210224013533/https://constitution.congress.gov/browse/essay/artI_S3_C7_1_1/ |date=24 February 2021 }}, Constitution Annotated.</ref> It was generally accepted that "a former President may be prosecuted for crimes of which he was acquitted by the Senate,"<ref>[https://www.justice.gov/file/19386/download "Memorandum: Whether a Former President May Be Indicted and Tried for the Same Offenses for Which He was Impeached by the House and Acquitted by the Senate"] {{Webarchive|url=https://web.archive.org/web/20210211035941/https://www.justice.gov/file/19386/download |date=11 February 2021 }}, U.S. Department of Justice, Office of Legal Counsel (18 August 2000).</ref> though that standard has been challenged in [[Trump v. United States (2024)|a recent case]] which held that the president has immunity for all official acts. |
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The article on [[Impeachment in the United States]] discusses the following topics: |
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The [[United States House of Representatives|U.S. House of Representatives]] has impeached an official 22 times since 1789: four times for presidents, fifteen times for federal judges, twice for a Cabinet secretary, and once for a senator.<ref name="U.S. Senate: Impeachment">{{cite web|url=https://www.senate.gov/about/powers-procedures/impeachment/impeachment-list.htm|title=U.S. Senate: Impeachment|website=www.senate.gov|access-date=19 September 2018|archive-date=18 March 2021|archive-url=https://web.archive.org/web/20210318005651/https://www.senate.gov/about/powers-procedures/impeachment/impeachment-list.htm|url-status=live}}</ref> Of the 22, the Senate voted to remove 8 officials impeached by the House of Representatives (all federal judges) from office.<ref name="U.S. Senate: Impeachment"/> The four impeachment trials in the Senate of presidents were: [[Impeachment of Andrew Johnson|Andrew Johnson in 1868]], [[Impeachment of Bill Clinton|Bill Clinton in 1998]], and [[First impeachment of Donald Trump|Donald Trump in 2019]] and [[Second impeachment of Donald Trump|again in 2021]].<ref>{{Cite news|author=Maggie Astor|url=https://www.nytimes.com/2021/01/13/us/politics/which-presidents-have-been-impeached.html|title=The Impeachment Proceedings That Came Before|newspaper=The New York Times|date=13 January 2021|access-date=4 March 2021|archive-date=7 March 2021|archive-url=https://web.archive.org/web/20210307041923/https://www.nytimes.com/2021/01/13/us/politics/which-presidents-have-been-impeached.html|url-status=live}}</ref> All four impeachments were followed by acquittal in the Senate.<ref name="U.S. Senate: Impeachment"/> An [[Impeachment process against Richard Nixon|impeachment process was also commenced against Richard Nixon]], but [[Richard Nixon's resignation speech|he resigned]] in 1974 to avoid an impeachment vote.<ref>{{cite book|title=The Federal Impeachment Process: A Constitutional and Historical Analysis|last=Gerhardt |first=Michael J. |publisher=University of Chicago Press|date= 2000|isbn=9780226289571|url=https://archive.org/details/federalimpeachme00gerh|url-access=registration|page=[https://archive.org/details/federalimpeachme00gerh/page/27 27]|quote=attempted Impeachment of William O. Douglas.}}</ref> |
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* [[Impeachment in the United States#Impeachable offenses: "Treason, Bribery, or other high Crimes and Misdemeanors"|Impeachable offenses: High Crimes and Misdemeanors]] |
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* [[Impeachment in the United States#Officers subject to impeachment: "civil officers of the United States"|Officers subject to impeachment]] |
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* [[Impeachment in the United States#Procedure|Procedure]] |
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* [[Impeachment in the United States#Federal officials impeached|Federal impeachment investigations formally commenced and officials impeached]] |
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::The [[United States House of Representatives|House of Representatives]] has initiated impeachment proceedings only 64 times since 1789; only 19 of these proceedings actually resulted in the House's passing Articles of Impeachment, and of those only eight resulted in removal from office (all federal judges). |
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* [[Impeachment in the United States#History of federal constitutional impeachment|History of federal constitutional impeachment]] |
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* [[Impeachment in the United States#Impeachment in the states|Impeachment in the states]] |
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Almost all [[State constitution (United States)|state constitutions]] set forth parallel impeachment procedures for [[state governments in the United States|state governments]], allowing the [[State legislature (United States)|state legislature]] to impeach officials of the state government.<ref>{{Cite web|url=https://knowledgecenter.csg.org/content/impeachment-and-states-look-history-provisions-place?nopaging=1|title=Impeachment and the states: A look at the history, provisions in place|website=knowledgecenter.csg.org}}{{Dead link|date=June 2021 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> From 1789 through 2008, 14 [[Governor (United States)|governors]] have been impeached (including two who were impeached twice), of whom seven governors were convicted.<ref>[https://www.ilga.gov/commission/lru/24.U.S.GovImpeachments.pdf "Research Response: Governors' Impeachments in U.S. History"] {{Webarchive|url=https://web.archive.org/web/20210219175627/https://www.ilga.gov/commission/lru/24.U.S.GovImpeachments.pdf |date=19 February 2021 }}, Illinois General Assembly Legislative Research Unit (8 July 2008).</ref> |
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Two United States Presidents have been impeached: [[Impeachment of Andrew Johnson|Andrew Johnson]] in 1868 and [[Impeachment of Bill Clinton|Bill Clinton]] in 1998.<ref>{{cite news |last1=Itkowitz |first1=Colby |last2=Sonmez |first2=Felicia |last3=Wagner |first3=John |last4=Viebeck |first4=Elise |date=December 18, 2019 |title=Trump becomes third U.S. president to be impeached as House approves both articles against him |url=https://www.washingtonpost.com/politics/trump-impeachment-live-updates/2019/12/18/237147e8-2110-11ea-bed5-880264cc91a9_story.html |work=[[The Washington Post]] |accessdate=December 18, 2019}}</ref><ref>{{cite web |title=Final Vote Results for Roll Call 483 |url=http://clerk.house.gov/evs/2019/roll483.xml |website=clerk.house.gov |publisher=[[Clerk of the United States House of Representatives]] |accessdate=19 December 2019 |language=English}}</ref> Neither Johnson nor Clinton were convicted by the Senate, while Trump still awaits a Senate trial. Additionally, there were efforts to impeach [[John Tyler#Impeachment attempt|John Tyler]] and [[Impeachment process against Richard Nixon|Richard Nixon]] (Nixon resigned before proceedings began).<ref>{{cite book|title=The Federal Impeachment Process: A Constitutional and Historical Analysis|author=Gerhardt, Michael J. |publisher= |
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University of Chicago Press|date= 2000|isbn=9780226289571|url=https://books.google.com/books?id=vKIpFE9oPSMC&pg=PA27&lpg=PA27&dq=attempted+Impeachment+of+William+O.+Douglas&ct=result&resnum=2}}</ref> |
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== See also == |
== See also == |
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* [[Impeachment investigation]] |
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* [[List of impeachments of heads of state]] |
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== References == |
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* [[List of presidential impeachments]] |
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{{Reflist}} |
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== |
==External links== |
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*{{Wiktionary-inline}} |
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*{{Commons category-inline}} |
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{{Authority control}} |
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{{reflist|30em}} |
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==Further reading== |
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{{Wiktionary}} |
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[[Category:Impeachment| ]] |
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[[Category:Accountability]] |
[[Category:Accountability]] |
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[[Category:Impeachment| ]] |
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[[Category:Political terminology of the United States]] |
[[Category:Political terminology of the United States]] |
Latest revision as of 21:23, 27 December 2024
Impeachment is a process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct.[1][2] It may be understood as a unique process involving both political and legal elements.[3][4][5][6]
In Europe and Latin America, impeachment tends to be confined to ministerial officials[7] as the unique nature of their positions may place ministers beyond the reach of the law to prosecute, or their misconduct is not codified into law as an offense except through the unique expectations of their high office. Both "peers and commoners" have been subject to the process, however.[8] From 1990 to 2020, there have been at least 272 impeachment charges against 132 different heads of state in 63 countries.[9] Many democracies involve the courts (often a national constitutional court) in some way, usually at the end of the process.[10][1]
In Latin America, which includes almost 40% of the world's presidential systems, ten presidents from seven countries were removed from office by their national legislatures via impeachments or declarations of incapacity between 1978 and 2019.[11]
National legislations differ regarding both the consequences and definition of impeachment, but the intent is nearly always to expeditiously vacate the office.[7] Most commonly, an official is considered impeached after the commencement of the charges, and a trial of some kind is required to remove the official from office.[7]
Because impeachment involves a departure from the normal constitutional procedures by which individuals achieve high office (election, ratification, or appointment) and because it generally requires a supermajority, it is usually reserved for those deemed to have committed serious abuses of their office.[12] In the United States, for example, impeachment at the federal level is limited to those who may have committed "Treason, Bribery, or other high crimes and misdemeanors"—the latter phrase referring to offenses against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes, even if not indictable criminal offenses.[4][13] Under the United States Constitution, the House of Representatives has the sole power of impeachments while the Senate has the sole power to try impeachments (i.e., to acquit or convict); the validity of an impeachment trial is a political question that is nonjusticiable (i.e., is not reviewable by the courts).[14] In the United States, impeachment is a remedial rather than penal process,[14][15]: 8 intended to "effectively 'maintain constitutional government' by removing individuals unfit for office";[15]: 8 persons subject to impeachment and removal remain "liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."[15]
Impeachment is provided for in the constitutional laws of many countries including Brazil, France, India, Ireland, the Philippines, Russia, South Korea, and the United States. It is distinct from the motion of no confidence procedure available in some countries whereby a motion of censure can be used to remove a government and its ministers from office. Such a procedure is not applicable in countries with presidential forms of government like the United States.[16]
Etymology and history
[edit]The word "impeachment" likely derives from Old French empeechier from Latin word impedīre expressing the idea of catching or ensnaring by the 'foot' (pes, pedis), and has analogues in the modern French verb empêcher (to prevent) and the modern English impede. Medieval popular etymology also associated it (wrongly) with derivations from the Latin impetere (to attack).
The process was first used by the English "Good Parliament" against William Latimer, 4th Baron Latimer in the second half of the 14th century. Following the English example, the constitutions of Virginia (1776), Massachusetts (1780) and other states thereafter adopted the impeachment mechanism, but they restricted the punishment to removal of the official from office, in contrast to the English Parliament's broad power to punish impeachments.
In West Africa, rulers of the Ashanti Empire who violated any oaths taken during their enstoolment were destooled by Kingmakers.[17] Reasons include punishing citizens arbitrarily or being exposed as corrupt. The process involved Kingmakers forcibly removing the sandals of the guilty party, then bumping his buttocks on the ground three times. Once destooled, a king automatically lost sanctity and honours as he could not exercise royal powers such as being chief administrator, judge, and military commander. Also withdrawn from him were the Golden Stool (a throne functionally equivalent to crowns), swords, and other regalia. While a deposed king no longer held custodianship of the realm, he remained a member of the royal family from which he was elected.[17]
In various jurisdictions
[edit]Brazil
[edit]In Brazil, as in most other Latin American countries, "impeachment" refers to the definitive removal from office. The president of Brazil may be provisionally removed from office by the Chamber of Deputies and then tried and definitely removed from office by the Federal Senate. The Brazilian Constitution requires that two-thirds of the Deputies vote in favor of the opening of the impeachment process of the President and that two-thirds of the Senators vote for impeachment. State governors and municipal mayors can also be impeached by the respective legislative bodies. Article 2 of Law no. 1.079, from 10 April 1950, or "The Law of Impeachment", states that "The crimes defined in this law, even when simply attempted, are subject to the penalty of loss of office, with disqualification for up to five years for the exercise of any public function, to be imposed by the Federal Senate in proceedings against the President of the Republic, Ministers of State, Ministers of the Supreme Federal Tribunal, or the Attorney General."
Initiation: An accusation of a responsibility crime against the President may be brought by any Brazilian citizen; however, the President of the Chamber of Deputies holds prerogative to accept the charge, which if accepted will be read at the next session and reported to the President of the Republic.
Extraordinary Committee: An extraordinary committee is established, consisting of members from each political party in proportion to their party's membership. The committee is responsible for assessing the need for impeachment proceedings. The President is given ten parliamentary sessions to present their defense. Following this, two legislative sessions are held to allow for the formulation of a legal opinion by a rapporteur regarding whether or not impeachment proceedings should be initiated and brought to trial in the Senate.
The rapporteur's opinion is subject to a vote within the committee. If the majority accepts the rapporteur's opinion, it is deemed adopted. However, if the majority rejects the rapporteur's opinion, the committee adopts an alternative opinion proposed by the majority. For instance, if the rapporteur recommends against impeachment but fails to secure majority support, the committee will adopt the opinion to proceed with impeachment. Conversely, if the rapporteur advises impeachment but does not obtain majority approval, the committee will adopt the opinion not to impeach.
If the committee vote is successful, the rapporteur's opinion is considered adopted, thereby determining the course of action regarding impeachment.
Chamber of Deputies: The Chamber issues a call-out vote to accept the opinion of the committee, requiring a supermajority of two thirds in favor of an impeachment opinion (or a supermajority of two thirds against a dismissal opinion) of the committee, in order to authorize the Senate impeachment proceedings. The President is suspended (provisionally removed) from office as soon as the Senate receives and accepts from the Chamber of Deputies the impeachment charges and decides to proceed with a trial.
The Senate: The process in the Senate had been historically lacking in procedural guidance until 1992, when the Senate published in the Official Diary of the Union the step-by-step procedure of the Senate's impeachment process, which involves the formation of another special committee and closely resembles the lower house process, with time constraints imposed on the steps taken. The committee's opinion must be presented within 10 days, after which it is put to a call-out vote at the next session. The vote must proceed within a single session; the vote on President Rousseff took over 20 hours. A simple majority vote in the Senate begins formal deliberation on the complaint, immediately suspends the President from office, installs the Vice President as acting president, and begins a 20-day period for written defense as well as up to 180-days for the trial. In the event the trial proceeds slowly and exceeds 180 days, the Brazilian Constitution determines that the President is entitled to return and stay provisionally in office until the trial comes to its decision.
Senate plenary deliberation: The committee interrogates the accused or their counsel, from which they have a right to abstain, and also a probative session which guarantees the accused rights to contradiction, or audiatur et altera pars, allowing access to the courts and due process of law under Article 5 of the constitution. The accused has 15 days to present written arguments in defense and answer to the evidence gathered, and then the committee shall issue an opinion on the merits within ten days. The entire package is published for each senator before a single plenary session issues a call-out vote, which shall proceed to trial on a simple majority and close the case otherwise.
Senate trial: A hearing for the complainant and the accused convenes within 48 hours of notification from deliberation, from which a trial is scheduled by the president of the Supreme Court no less than ten days after the hearing. The senators sit as judges, while witnesses are interrogated and cross-examined; all questions must be presented to the president of the Supreme Court, who, as prescribed in the Constitution, presides over the trial. The president of the Supreme Court allots time for debate and rebuttal, after which time the parties leave the chamber and the senators deliberate on the indictment. The President of the Supreme Court reads the summary of the grounds, the charges, the defense and the evidence to the Senate. The senators in turn issue their judgement. On conviction by a supermajority of two thirds, the president of the Supreme Court pronounces the sentence and the accused is immediately notified. If there is no supermajority for conviction, the accused is acquitted.
Upon conviction, the officeholder has his or her political rights revoked for eight years, which bars them from running for any office during that time.[18]
Fernando Collor de Mello, the 32nd President of Brazil, resigned in 1992 amidst impeachment proceedings. Despite his resignation, the Senate nonetheless voted to convict him and bar him from holding any office for eight years, due to evidence of bribery and misappropriation.
In 2016, the Chamber of Deputies initiated an impeachment case against President Dilma Rousseff on allegations of budgetary mismanagement, a crime of responsibility under the Constitution.[19] On 12 May 2016, after 20 hours of deliberation, the admissibility of the accusation was approved by the Senate with 55 votes in favor and 22 against (an absolute majority would have been sufficient for this step) and Vice President Michel Temer was notified to assume the duties of the President pending trial. On 31 August, 61 senators voted in favor of impeachment and 20 voted against it, thus achieving the 2⁄3 majority needed for Rousseff's definitive removal. A vote to disqualify her for five years was taken and failed (in spite of the Constitution not separating disqualification from removal) having less than two thirds in favor.[18]
China
[edit]Hong Kong
[edit]The chief executive of Hong Kong can be impeached by the Legislative Council. A motion for investigation, initiated jointly by at least one-fourth of all the legislators charging the Chief Executive with "serious breach of law or dereliction of duty" and refusing to resign, shall first be passed by the council. An independent investigation committee, chaired by the chief justice of the Court of Final Appeal, will then carry out the investigation and report back to the council. If the Council find the evidence sufficient to substantiate the charges, it may pass a motion of impeachment by a two-thirds majority.[20]: Article 73(9)
However, the Legislative Council does not have the power to actually remove the chief executive from office, as the chief executive is appointed by the Central People's Government (State Council of China). The council can only report the result to the Central People's Government for its decision.[20]: Article 45
Croatia
[edit]The process of impeaching the president of Croatia can be initiated by a two-thirds majority vote in favor in the Sabor and is thereafter referred to the Constitutional Court, which must accept such a proposal with a two-thirds majority vote in favor in order for the president to be removed from office. This has never occurred in the history of the Republic of Croatia. In case of a successful impeachment motion a president's constitutional term of five years would be terminated and an election called within 60 days of the vacancy occurring. During the period of vacancy the presidential powers and duties would be carried out by the speaker of the Croatian Parliament in his/her capacity as Acting President of the Republic.[21]
Czech Republic
[edit]In 2013, the constitution was changed. Since 2013, the process can be started by at least three-fifths of present senators, and must be approved by at least three-fifths of all members of the Chamber of Deputies within three months. Also, the President can be impeached for high treason (newly defined in the Constitution) or any serious infringement of the Constitution.[22]
The process starts in the Senate of the Czech Republic which has the right to only impeach the president. After the approval by the Chamber of Deputies, the case is passed to the Constitutional Court of the Czech Republic, which has to decide the verdict against the president. If the Court finds the President guilty, then the President is removed from office and is permanently barred from being elected President of the Czech Republic again.[23]
No Czech president has ever been impeached, though members of the Senate sought to impeach President Václav Klaus in 2013.[24] This case was dismissed by the court, which reasoned that his mandate had expired.[25] The Senate also proposed to impeach president Miloš Zeman in 2019 [26] but the Chamber of Deputies did not vote on the issue in time and thus the case did not even proceed to the Court.
Denmark
[edit]In Denmark the possibility for current and former ministers being impeached was established with the Danish Constitution of 1849. Unlike many other countries Denmark does not have a Constitutional Court who would normally handle these types of cases. Instead Denmark has a special Court of Impeachment (In Danish: Rigsretten) which is called upon every time a current and former minister have been impeached. The role of the Impeachment Court is to process and deliver judgments against current and former ministers who are accused of unlawful conduct in office. The legal content of ministerial responsibility is laid down in the Ministerial Accountability Act which has its background in section 13 of the Danish Constitution, according to which the ministers' accountability is determined in more detail by law. In Denmark the normal practice in terms of impeachment cases is that it needs to be brought up in the Danish Parliament (Folketing) first for debate between the different members and parties in the parliament. After the debate the members of the Danish Parliament vote on whether a current or former minister needs to be impeached. If there is a majority in the Danish Parliament for an impeachment case against a current or former minister, an Impeachment Court is called into session. In Denmark the Impeachment Court consists of up to 15 Supreme Court judges and 15 parliament members appointed by the Danish Parliament. The members of the Impeachment Court in Denmark serve a six-year term in this position.[27]
In 1995 the former Minister of Justice Erik Ninn-Hansen from the Conservative People's Party was impeached in connection with the Tamil Case. The case was centered around the illegal processing of family reunification applications. From September 1987 to January 1989 applications for family reunification of Tamil refugees from civil war-torn Sri Lanka were put on hold in violation of Danish and International law. On 22 June 1995, Ninn-Hansen was found guilty of violating paragraph five subsection one of the Danish Ministerial Responsibility Act which says: A minister is punished if he intentionally or through gross negligence neglects the duties incumbent on him under the constitution or legislation in general or according to the nature of his post. A majority of the judges in that impeachment case voted for former Minister of Justice Erik Ninn-Hansen to receive a suspended sentence of four months with one year of probation. The reason why the sentence was made suspended was especially in relation to Ninn-Hansen's personal circumstances, in particular, his health and age – Ninn-Hansen was 73 years old when the sentence was handed down. After the verdict, Ninn-Hansen complained to the European Court of Human Rights and complained, among other things, that the Court of Impeachment was not impartial. The European Court of Human Rights dismissed the complaint on 18 May 1999. As a direct result and consequence of this case, the Conservative-led government and Prime Minister at that time Poul Schlüter was forced to step down from power.[28]
In February 2021 the former Minister for Immigration and Integration Inger Støjberg at that time member of the Danish Liberal Party Venstre was impeached when it was discovered that she had possibly against both Danish and International law tried to separate couples in refugee centres in Denmark, as the wives of the couples were under legal age. According to a commission report Inger Støjberg had also lied in the Danish Parliament and failed to report relevant details to the Parliamentary Ombudsman[29] The decision to initiate an impeachment case was adopted by the Danish Parliament with a 141–30 vote and decision (In Denmark 90 members of the parliament need to vote for impeachment before it can be implemented). On 13 December 2021 former Minister for Immigration and Integration Inger Støjberg was convicted by the special Court of Impeachment of separating asylum seeker families illegally according to Danish and international law and sentenced to 60 days in prison.[30] The majority of the judges in the special Court of Impeachment (25 out of 26 judges) found that it had been proven that Inger Støjberg on 10 February 2016 decided that an accommodation scheme should apply without the possibility of exceptions, so that all asylum-seeking spouses and cohabiting couples where one was a minor aged 15–17, had to be separated and accommodated separately in separate asylum centers.[31] On 21 December, a majority in the Folketing voted that the sentence means that she is no longer worthy of sitting in the Folketing and she therefore immediately lost her seat.[32]
France
[edit]In France the comparable procedure is called destitution. The president of France can be impeached by the French Parliament for willfully violating the Constitution or the national laws. The process of impeachment is written in the 68th article of the French Constitution.[33] Either the National Assembly or the Senate can begin the process. Then, the impeachment proposal must be transmitted to the other house, which can acknowledge the impeachment process within 15 days. After the upper and lower houses' agreement, they unite in joint session to form the High Court.
The High Court must decide whether or not to declare the removal from office of the president. The impeachment procedure in front of the National Assembly and the Senate, as well as the removal from office by the High Court require a majority of two thirds of the members of the House involved or of the High Court; no proxy voting is allowed.
Germany
[edit]The federal president of Germany can be impeached both by the Bundestag and by the Bundesrat for willfully violating federal law. Once the Bundestag or the Bundesrat impeaches the president, the Federal Constitutional Court decides whether the President is guilty as charged and, if this is the case, whether to remove him or her from office. The Federal Constitutional Court also has the power to remove federal judges from office for willfully violating core principles of the federal constitution or a state constitution. The impeachment procedure is regulated in Article 61 of the Basic Law for the Federal Republic of Germany.
There is no formal impeachment process for the chancellor of Germany; however, the Bundestag can replace the chancellor at any time by voting for a new chancellor (constructive vote of no confidence, Article 67 of the Basic Law).
There has never been an impeachment against the President so far. Constructive votes of no confidence against the chancellor occurred in 1972 and 1982, with only the second one being successful.
Hungary
[edit]Article 13 of Hungary's Fundamental Law (constitution) provides for the process of impeaching and removing the president. The president enjoys immunity from criminal prosecution while in office, but may be charged with crimes committed during his term afterwards. Should the president violate the constitution while discharging his duties or commit a willful criminal offense, he may be removed from office. Removal proceedings may be proposed by the concurring recommendation of one-fifth of the 199 members of the country's unicameral Parliament. Parliament votes on the proposal by secret ballot, and if two thirds of all representatives agree, the president is impeached. Once impeached, the president's powers are suspended, and the Constitutional Court decides whether or not the President should be removed from office.[34][35]
India
[edit]The president and judges, including the chief justice of the supreme court and high courts, can be impeached by the parliament before the expiry of the term for violation of the Constitution. Other than impeachment, no other penalty can be given to a president in position for the violation of the Constitution under Article 361 of the constitution. However, a president after his/her removal can be punished for her/his already proven unlawful activity under disrespecting the constitution, etc.[36] No president has faced impeachment proceedings. Hence, the provisions for impeachment have never been tested. The sitting president cannot be charged and needs to step down in order for that to happen.
Ireland
[edit]
The Constitution of Ireland states the President of Ireland may be impeached for "stated misbehaviour".[37] The president may not be otherwise removed from office or made answerable for his actions,[38] although if five judges of the Supreme Court rule that he has become "permanently incapacitated" then a new presidential election must be held within 60 days and the Presidential Commission will deputise in the interim.[39] Impeachment is controlled by the Oireachtas (parliament) with one house (Dáil or Seanad) preferring a charge and the other directing the ensuing investigation and final vote.[40] The charge requires a motion signed by at least thirty members and consequent resolution supported by at least two-thirds of the total membership.[41] The investigation may be made by the house itself or delegated to another "court, tribunal or body".[42] The president is removed from office only if at least two-thirds of the total membership of the investigating house support an ensuing resolution that, not only has the charge been sustained, but also the misbehaviour was serious enough to render the president "unfit to continue in office".[43][44]
As of January 2024[update] no impeachment of a president has ever taken place. The dignity of what is a largely ceremonial office is considered important, so it is likely that a president would resign from office long before undergoing formal conviction or impeachment. In 1976, after being criticised by a minister, Cearbhall Ó Dálaigh resigned "to protect the dignity and independence of the presidency as an institution", although there was no question of impeachment.[45]
While the Constitution also states that Comptroller and Auditor General and justices of the superior courts can be removed from office for "stated misbehaviour", it does not describe this as impeachment and the requirement in each case is simple resolution by each house of the Oireachtas.[46] The process is nevertheless informally called "impeachment".[44]
Italy
[edit]In Italy, according to Article 90 of the Constitution, the President of Italy can be impeached through a majority vote of the Parliament in joint session for high treason and for attempting to overthrow the Constitution. If impeached, the president of the Republic is then tried by the Constitutional Court integrated with sixteen citizens older than forty chosen by lot from a list compiled by the Parliament every nine years.
Italian press and political forces made use of the term "impeachment" for the attempt by some members of parliamentary opposition to initiate the procedure provided for in Article 90 against Presidents Francesco Cossiga (1991),[47][48] Giorgio Napolitano (2014)[49][50] and Sergio Mattarella (2018).[51][52][53]
Japan
[edit]By Article 78 of the Constitution of Japan, judges can be impeached.[54] The voting method is specified by laws. The National Diet has two organs, namely 裁判官訴追委員会 (Saibankan sotsui iinkai) and 裁判官弾劾裁判所 (Saibankan dangai saibansho), which is established by Article 64 of the Constitution.[55] The former has a role similar to prosecutor and the latter is analogous to Court. Seven judges were removed by them.
Liechtenstein
[edit]Members of the Liechtenstein Government can be impeached before the State Court for breaches of the Constitution or of other laws.[56]: Article 62 As a hereditary monarchy the Sovereign Prince cannot be impeached as he "is not subject to the jurisdiction of the courts and does not have legal responsibility".[56]: Article 7 The same is true of any member of the Princely House who exercises the function of head of state should the Prince be temporarily prevented or in preparation for the Succession.[56]: Article 7
Lithuania
[edit]In the Republic of Lithuania, the president may be impeached by a three-fifths majority in the Seimas.[57] President Rolandas Paksas was removed from office by impeachment on 6 April 2004 after the Constitutional Court of Lithuania found him guilty of having violated his oath and the constitution. He was the first European head of state to have been impeached.[58]
Norway
[edit]Members of government, representatives of the national assembly (Stortinget) and Supreme Court judges can be impeached for criminal offenses tied to their duties and committed in office, according to the Constitution of 1814, §§ 86 and 87. The procedural rules were modeled after the U.S. rules and are quite similar to them. Impeachment has been used eight times since 1814, last in 1927. Many argue that impeachment has fallen into desuetude. In cases of impeachment, an appointed court (Riksrett) takes effect.
Peru
[edit]This section needs to be updated. The reason given is: missing impeachment of Vizcarra and Castillo.(September 2024) |
The first impeachment process against Pedro Pablo Kuczynski, then the incumbent President of Peru since 2016, was initiated by the Congress of Peru on 15 December 2017. According to Luis Galarreta, the President of the Congress, the whole process of impeachment could have taken as little as a week to complete.[59] This event was part of the second stage of the political crisis generated by the confrontation between the Government of Pedro Pablo Kuczynski and the Congress, in which the opposition Popular Force has an absolute majority. The impeachment request was rejected by the congress on 21 December 2017, for failing to obtain sufficient votes for the deposition.[60]
Philippines
[edit]Impeachment in the Philippines follows procedures similar to the United States. Under Sections 2 and 3, Article XI, Constitution of the Philippines, the House of Representatives of the Philippines has the exclusive power to initiate all cases of impeachment against the president, vice president, members of the Supreme Court, members of the Constitutional Commissions (Commission on Elections, Civil Service Commission and the Commission on Audit), and the ombudsman. When a third of its membership has endorsed article(s) of impeachment, it is then transmitted to the Senate of the Philippines which tries and decide, as impeachment tribunal, the impeachment case.[61]
A main difference from U.S. proceedings, however, is that only one third of House members are required to approve the motion to impeach the president (as opposed to a simple majority of those present and voting in their U.S. counterpart). In the Senate, selected members of the House of Representatives act as the prosecutors and the senators act as judges with the Senate president presiding over the proceedings (the chief justice jointly presides with the Senate president if the president is on trial). Like the United States, to convict the official in question requires that a minimum of two thirds (i.e. 16 of 24 members) of all the members of the Senate vote in favor of conviction. If an impeachment attempt is unsuccessful or the official is acquitted, no new cases can be filed against that impeachable official for at least one full year.
Impeachment proceedings and attempts
[edit]President Joseph Estrada was the first official impeached by the House in 2000, but the trial ended prematurely due to outrage over a vote to open an envelope where that motion was narrowly defeated by his allies. Estrada was deposed days later during the 2001 EDSA Revolution.
In 2005, 2006, 2007 and 2008, impeachment complaints were filed against President Gloria Macapagal Arroyo, but none of the cases reached the required endorsement of 1⁄3 of the members for transmittal to, and trial by, the Senate.
In March 2011, the House of Representatives impeached Ombudsman Merceditas Gutierrez, becoming the second person to be impeached. In April, Gutierrez resigned prior to the Senate's convening as an impeachment court.
In December 2011, in what was described as "blitzkrieg fashion", 188 of the 285 members of the House of Representatives voted to transmit the 56-page articles of impeachment against Supreme Court chief justice Renato Corona in his impeachment.
To date, three officials had been successfully impeached by the House of Representatives, and two were not convicted. The latter, Chief Justice Renato C. Corona, was convicted on 29 May 2012, by the Senate under Article II of the Articles of Impeachment (for betraying public trust), with 20–3 votes from the Senator Judges.
Poland
[edit]In Poland, referral to the State Tribunal is used instead of the process of impeachment, which is traditionally used in some other nations as a way of addressing similar allegations against persons holding analogous offices.
Romania
[edit]The president can be impeached by Parliament and is then suspended. A referendum then follows to determine whether the suspended President should be removed from office. President Traian Băsescu was impeached twice by the Parliament: in 2007 and then again in July 2012. A referendum was held on 19 May 2007 and a large majority of the electorate voted against removing the president from office. For the most recent suspension a referendum was held on 29 July 2012; the results were heavily against the president, but the referendum was invalidated due to low turnout.[62][circular reference]
Russia
[edit]In 1999, members of the State Duma of Russia, led by the Communist Party of the Russian Federation, unsuccessfully attempted to impeach President Boris Yeltsin on charges relating to his role in the 1993 Russian constitutional crisis and launching the First Chechen War (1995–96); efforts to launch impeachment proceedings failed.[63][64][65]
Singapore
[edit]The Constitution of Singapore allows the impeachment of a sitting president on charges of treason, violation of the Constitution, corruption, or attempting to mislead the Presidential Elections Committee for the purpose of demonstrating eligibility to be elected as president. The prime minister or at least one-quarter of all members of Parliament (MPs) can pass an impeachment motion, which can succeed only if at least half of all MPs (excluding nominated members) vote in favor, whereupon the chief justice of the Supreme Court will appoint a tribunal to investigate allegations against the president. If the tribunal finds the president guilty, or otherwise declares that the president is "permanently incapable of discharging the functions of his office by reason of mental or physical infirmity", Parliament will hold a vote on a resolution to remove the president from office, which requires a three-quarters majority to succeed.[66] No president has ever been removed from office in this fashion.
South Africa
[edit]When the Union of South Africa was established in 1910, the only officials who could be impeached (though the term itself was not used) were the chief justice and judges of the Supreme Court of South Africa. The scope was broadened when the country became a republic in 1961, to include the state president. It was further broadened in 1981 to include the new office of vice state president; and in 1994 to include the executive deputy presidents, the public protector and the Auditor-General. Since 1997, members of certain commissions established by the Constitution can also be impeached. The grounds for impeachment, and the procedures to be followed, have changed several times over the years.
South Korea
[edit]According to the Article 65(1) of Constitution of South Korea,[67] President, Prime Minister, members of the State Council, heads of Executive Ministries, Justices of the Constitutional Court, judges, members of the National Election Commission, the chairperson and members of the Board of Audit and Inspection can be impeached by the National Assembly when they violated the Constitution or other statutory duties. By article 65(2) of the Constitution, proposal of impeachment needs an absolute majority of votes among the entire membership of the National Assembly. However, exceptionally, the impeachment of the President of South Korea needs a two-thirds supermajority of votes among the entire membership of the National Assembly. When the impeachment proposal is passed in the National Assembly, it is finally reviewed under jurisdiction the Constitutional Court of Korea, according to article 111(1) of the Constitution. During review of impeachment in the Constitutional Court, the impeached is suspended from exercising power by article 65(3) of the Constitution.
Three presidents have been impeached since the establishment of the Republic of Korea in 1948. Roh Moo-hyun in 2004 was impeached by the National Assembly but was overturned by the Constitutional Court. Park Geun-hye in 2016 was impeached by the National Assembly, and the impeachment was confirmed by the Constitutional Court on 10 March 2017.[68] Yoon Suk Yeol on 14 December 2024 was impeached by the National Assembly, following his declaration of martial law, later overturned by the parliament, on 3 December.[69]
In February 2021, Judge Lim Seong-geun of the Busan High Court was impeached by the National Assembly for meddling in politically sensitive trials, the first ever impeachment of a judge in Korean history. Unlike presidential impeachments, only a simple majority is required to impeach.[70] Judge Lim's term expired before the Constitutional Court could render a verdict, leading the court to dismiss the case.[71]
Turkey
[edit]In Turkey, according to the Constitution, the Grand National Assembly may initiate an investigation of the president, the vice president or any member of the Cabinet upon the proposal of simple majority of its total members, and within a period less than a month, the approval of three-fifths of the total members.[72] The investigation would be carried out by a commission of fifteen members of the Assembly, each nominated by the political parties in proportion to their representation therein. The commission would submit its report indicating the outcome of the investigation to the speaker within two months. If the investigation is not completed within this period, the commission's time may be renewed for another month. Within ten days of its submission to the speaker, the report would be distributed to all members of the Assembly, and ten days after its distribution, the report would be discussed on the floor. Upon the approval of two thirds of the total number of the Assembly by secret vote, the person or persons, about whom the investigation was conducted, may be tried before the Constitutional Court. The trial would be finalized within three months, and if not, a one-time additional period of three months shall be granted. The president, about whom an investigation has been initiated, may not call for an election. The president, who is convicted by the Court, would be removed from office.[citation needed]
The provision of this article shall also apply to the offenses for which the president allegedly worked during his term of office.[citation needed]
United Kingdom
[edit]In the United Kingdom, in principle, anybody may be prosecuted and tried by the two Houses of Parliament for any crime.[73] The first recorded impeachment is that of William Latimer, 4th Baron Latimer during the Good Parliament of 1376. The latest was that of Henry Dundas, 1st Viscount Melville which started in 1805 and which ended with his acquittal in June 1806.[74] Over the centuries, the procedure has been supplemented by other forms of oversight including select committees, confidence motions, and judicial review, while the privilege of peers to trial only in the House of Lords was abolished in 1948 (see Judicial functions of the House of Lords § Trials), and thus impeachment, which has not kept up with modern norms of democracy or procedural fairness, is generally considered obsolete.[73]
United States
[edit]In the federal system, Article One of the United States Constitution provides that the House of Representatives has the "sole Power of Impeachment" and the Senate has "the sole Power to try all Impeachments".[75] Article Two provides that "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."[76] In the United States, impeachment is the first of two stages; an official may be impeached by a majority vote of the House, but conviction and removal from office in the Senate requires "the concurrence of two thirds of the members present".[77] Impeachment is analogous to an indictment.[78]
According to the House practice manual, "Impeachment is a constitutional remedy to address serious offenses against the system of government. It is the first step in a remedial process – that of removal from public office and possible disqualification from holding further office. The purpose of impeachment is not punishment; rather, its function is primarily to maintain constitutional government."[79] Impeachment may be understood as a unique process involving both political and legal elements.[3][4][5] The Constitution provides that "Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law."[80] It was generally accepted that "a former President may be prosecuted for crimes of which he was acquitted by the Senate,"[81] though that standard has been challenged in a recent case which held that the president has immunity for all official acts.
The U.S. House of Representatives has impeached an official 22 times since 1789: four times for presidents, fifteen times for federal judges, twice for a Cabinet secretary, and once for a senator.[82] Of the 22, the Senate voted to remove 8 officials impeached by the House of Representatives (all federal judges) from office.[82] The four impeachment trials in the Senate of presidents were: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 and again in 2021.[83] All four impeachments were followed by acquittal in the Senate.[82] An impeachment process was also commenced against Richard Nixon, but he resigned in 1974 to avoid an impeachment vote.[84]
Almost all state constitutions set forth parallel impeachment procedures for state governments, allowing the state legislature to impeach officials of the state government.[85] From 1789 through 2008, 14 governors have been impeached (including two who were impeached twice), of whom seven governors were convicted.[86]
See also
[edit]References
[edit]- ^ a b "impeachment | Definition, Process, History, & Facts". Encyclopedia Britannica. Archived from the original on 17 November 2021. Retrieved 15 November 2020.
- ^ Landau, Sidney; Brantley, Sheila; Davis, Samuel; Koenigsberg, Ruth, eds. (1997). Funk & Wagnall's Standard Desk Dictionary. Vol. 1 (1996 ed.). United States: Harper & Row, Publishers, Inc. p. 322. ISBN 978-0-308-10353-5.
1. To charge (a high public official) before a legally constituted tribunal with crime or misdemeanor in office. 2. To bring discredit upon the honesty or validity of.
- ^ a b Michael J. Gerhardt. "Impeachment is the law. Saying 'political process' only helps Trump's narrative". Washington Post. Archived from the original on 14 January 2021. Retrieved 15 February 2021.
while it's true that politics are bound up in how impeachment plays out, it's a myth that impeachment is just political. Rather, it's the principal legal remedy that the Constitution expressly specifies to hold presidents accountable
- ^ a b c Michael J. Gerhardt (2019). The Federal Impeachment Process: A Constitutional and Historical Analysis (3d ed.). University of Chicago Press. pp. 106–07. ISBN 9780226554976.
The ratification debates support the conclusion that 'other high Crimes and Misdemeanors' were not limited to indictable offenses but rather included great offenses against the federal government. ... Justices James Wilson and Joseph Story expressed agreement with Hamilton's understanding of impeachment as a political proceeding and impeachable offenses as political crimes.
- ^ a b Gerhardt, Michael (2018). Impeachment: What Everyone Needs to Know. New York, N.Y.: Oxford University Press. p. 20. ISBN 978-0190903657. LCCN 2018013560.
Impeachment has elements of both legal and political proceedings. As a result, it is a unique process.
- ^ "U.S. Senate: About Impeachment". www.senate.gov. Archived from the original on 7 September 2023. Retrieved 25 March 2024.
- ^ a b c Davidson, Roger (2005). "Impeachment". World Book Encyclopedia. Vol. I 10 (2005 ed.). Chicago. p. 92. ISBN 0-7166-0105-2.
{{cite encyclopedia}}
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Impeachment is when a peer or commoner is accused of 'high crimes and misdemeanours, beyond the reach of the law or which no other authority in the state will prosecute.'
- ^ Lawler, David (19 December 2019). "What impeaching leaders looks like around the world". Axios. Archived from the original on 13 January 2021. Retrieved 8 February 2021.
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Constitutions in 9 democracies give a court—often the country's constitutional court—the power to begin an impeachment; another 61 constitutions place the court at the end of the process.
- ^ Ignacio Arana Araya, To Impeach or Not to Impeach: Lessons from Latin America Archived 3 August 2020 at the Wayback Machine, Georgetown Journal of International Affairs (13 December 2019).
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Noted scholars Ronald Rotunda and John Nowak explain that the Framers wisely intended the phrase "or other high Crimes and Misdemeanors" to include undermining the Constitution and similar, "great offenses against the federal government (like abuse of power) even if they are not necessarily crimes.' For instance, Alexander Hamilton asserted that, while likely to be criminal acts, impeachable wrongdoings 'are those offenses which proceed from the misconduct of public men ... from the abuse or violation of some public trust.' James Madison urged that impeachment is appropriate for 'loss of capacity, or corruption ... [that] might be fatal to the republic.'
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- ^ Constitution of Ireland, Article 12.10.1°
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- ^ Constitution of Ireland, Articles 12.10.5°, 13.8.2°
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- ^ a b Cahillane, Laura; Hickey, Tom (10 November 2023). "'Impeachment' in Irish Constitutional Law". In Monaghan, Chris; Flinders, Matthew (eds.). British Origins and American Practice of Impeachment (1st ed.). pp. 132–154. doi:10.4324/9781003255956. ISBN 9781003255956.
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- ^ House Practice: A Guide to the Rules, Precedents and Procedures of the House Archived 9 February 2021 at the Wayback Machine, chap. 27 (Impeachment). U.S. Government Publishing Office, p. 594 (quoting U.S. Const. art. I, Sec. 2, cl. 5; Sec. 3, cl. 6.).
- ^ ArtII.S4.1.2.1 Offices Eligible for Impeachment Archived 18 March 2021 at the Wayback Machine, Constitution Annotated, Congress.gov.
- ^ U.S. Constitution. Article I, § 3, clause 6. 12 November 2009. Archived from the original on 18 November 2021. Retrieved 5 January 2018.
- ^ House Practice: A Guide to the Rules, Precedents and Procedures of the House Archived 9 February 2021 at the Wayback Machine, chap. 27 (Impeachment). U.S. Government Publishing Office, p. 594: "An impeachment is instituted by a written accusation, called an 'Article of Impeachment,' which states the offense charged. The articles serve a purpose similar to that of an indictment in an ordinary criminal proceeding. Manual Sec. 609."
- ^ House Practice: A Guide to the Rules, Precedents and Procedures of the House Archived 9 February 2021 at the Wayback Machine, chap. 27 (Impeachment). U.S. Government Publishing Office, p. 591.
- ^ Art I.S3.C7.1.1 Judgment in Cases of Impeachment: Overview Archived 24 February 2021 at the Wayback Machine, Constitution Annotated.
- ^ "Memorandum: Whether a Former President May Be Indicted and Tried for the Same Offenses for Which He was Impeached by the House and Acquitted by the Senate" Archived 11 February 2021 at the Wayback Machine, U.S. Department of Justice, Office of Legal Counsel (18 August 2000).
- ^ a b c "U.S. Senate: Impeachment". www.senate.gov. Archived from the original on 18 March 2021. Retrieved 19 September 2018.
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- ^ Gerhardt, Michael J. (2000). The Federal Impeachment Process: A Constitutional and Historical Analysis. University of Chicago Press. p. 27. ISBN 9780226289571.
attempted Impeachment of William O. Douglas.
- ^ "Impeachment and the states: A look at the history, provisions in place". knowledgecenter.csg.org.[permanent dead link ]
- ^ "Research Response: Governors' Impeachments in U.S. History" Archived 19 February 2021 at the Wayback Machine, Illinois General Assembly Legislative Research Unit (8 July 2008).
External links
[edit]- The dictionary definition of impeachment at Wiktionary
- Media related to Impeachments at Wikimedia Commons